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(영문) 서울행정법원 2017.06.09 2017구단51078
장해급여부지급처분취소
Text

1. The Defendant’s disposition to pay disability benefits to the Plaintiff on November 1, 2016 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. From November 1, 1991 to June 17, 1999, the Plaintiff served respectively as the Woman Mining Co., Ltd. as the Woman coal auxiliary, and from the Waksan Mining Co., Ltd. to November 16, 2000, the Plaintiff served as the Waman, respectively.

B. Around March 8, 2006, the Plaintiff was diagnosed by the Ministry of Health and Welfare at Einsia of “Ein 52.5 Silx in Einsia and the left-hand 5.8 Silx in Einsia.”

C. On December 17, 2014, the Plaintiff: (a) diagnosed the two sides of the Mali-Mari-Mari-Mari-Mari-Mari-Mari-Mari-Mari-Mari-Mari-Mari-Mari-Mari-Mari-Mari-Mari-Mari-Mari (hereinafter “the instant injury”); and (b) caused the instant injury to the Defendant on June 10, 2015 due to the Defendant’s work in the Mining Center, claiming disability benefits by asserting that

Accordingly, on November 1, 2016, the Defendant rendered a decision on the payment of disability benefits site (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff did not have worked at a noise-related establishment after his retirement from the mining center on November 16, 200, and was diagnosed by the office meeting the criteria for recognition of disability grade of the noise-free shop, on March 8, 2006, and accordingly, the extinctive prescription of the right to claim disability benefits has expired three years after leaving the noise-related establishment and from the date of the initial diagnosis of the office.”

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, 6, Eul evidence No. 1 and the purport of the whole pleadings

2. The definitions of terms used in this Act are as follows, whether the instant disposition is lawful, under Article 5 of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”).

4. The term "cure" means a state in which an injury or disease has been completely cured or the effect of treatment cannot be expected any longer and its symptoms are fixed;

5. The term " disability" means a state in which an injury or disease has been cured, but the ability to work has been lost or diminished due to mental or physical damage;

Article 36 (Kinds of and Criteria for Calculation of Insurance Benefits) (1) Types of insurance benefits shall be as follows:

(Sicker omitted)

1. Medical care benefits, 2.0

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