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(영문) 서울행정법원 2017.08.17 2016구단62231
장해급여부지급처분취소
Text

1. The Defendant’s disposition of disability benefit site payment against the Plaintiff on August 17, 2015 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. The plaintiff is working as the mining field of the Korea Coal Corporation from November 16, 1974 to January 3, 1986 as the mining field of the Korea Coal Corporation.

The retirement was made.

On March 31, 2015, the Plaintiff: (a) received the diagnosis of a scopical chronological and noise panscopic fertility (hereinafter referred to as “the instant scopic”); (b) issued a written diagnosis of disability called “52dB on the right-hand side, 102dB on the left-hand side”; and (c) filed a claim for disability benefits with the Defendant on June 15, 2015, by serving in the Korea Coal Corporation’s Mining Center; and (d) filed a claim for disability benefits with the Defendant on the same day.

On August 17, 2015, the Defendant decided to pay disability benefits sites (hereinafter “instant disposition”) for the following reasons:

In other words, “the Plaintiff was engaged in the business of the Korea Coal Corporation in the Korea Coal Corporation from November 16, 1974 to January 3, 1986, and was confirmed to have worked in the same Maritime Medical Foundation from September 22, 1986 to May 22, 2001. The time when the Plaintiff did not work in a place of business that may cause occupational distress is the time of January 3, 1986, and the date of receipt of a written claim for disability benefits lost the right to receive insurance benefits after the lapse of three years on June 15, 2015. In addition, it is determined that it is impossible to believe that the trust was lost as a result of special exhaustion, and thus it is necessary to take a land-based disposition.”

Although the Plaintiff filed a request for review against this, it was dismissed on January 2016, it was re-written, but it was also dismissed on June 23, 2016.

On July 18, 2016, the Plaintiff received a written decision to dismiss the petition for reexamination.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Gap evidence 5-1, 2, Eul evidence 4, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion is about 11 years, and the Plaintiff was diagnosed as the injury and disease of this case by being exposed to prolonged noise while working as an digging field in the mining station.

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