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(영문) 서울행정법원 2018.11.14 2018구단62006 (1)
장해급여부지급처분취소
Text

1. The Defendant’s decision to pay disability benefits to the Plaintiff on September 29, 2017 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On May 11, 2016, the Plaintiff was diagnosed by each of the c Hospital “C Hospital” and the Danene Dane Dane Dane (hereinafter collectively referred to as “the instant injury and disease”), both of which were diagnosed by the Plaintiff.

(hereinafter referred to as “the diagnosis of the injury or disease of this case”). B.

On June 17, 2016, the Plaintiff asserted that the instant wound was caused by the Plaintiff’s excessive exposure to noise as a mine worker, and that disability benefits were claimed against the Defendant.

C. The Defendant demanded the Plaintiff to conduct a medical examination pursuant to Article 119 of the former Industrial Accident Compensation Insurance Act (amended by Act No. 14933, Oct. 24, 2017; hereinafter the same). Accordingly, the Plaintiff was subject to the instant medical examination at D Hospital, an industrial accident insurance-related medical institution.

(hereinafter referred to as “special medical examination”). The Plaintiff’s hearing power was measured by approximately 58dB on the left-hand side and approximately 65dB as follows.

The average 5000 1,000 2,000 4,0000 1 for the Cheongso Station for each type of radio frequency (Hz) classified by the inspection date (2017)

5 November 1, 45 units 45 60 85 90 70 55 60 60 75 758.32

5. Coordinate 40 55 80 80 65.8 Ma60 40 60 65 80 580 58.33

5. 24. Unit 40 60 60 70 75 65.8 Doz. 60 45 60 90

D. On September 29, 2017, the Defendant determined the disability benefit site level on the ground that it is difficult to recognize a proximate causal relation with the instant work branch.

(hereinafter “instant disposition”) e.

On March 21, 2018, the Plaintiff filed a request for review against the Defendant, but the request for review was dismissed.

【Ground of recognition】 The fact that there is no dispute, Gap's No. 1, 2, 3, 4, 6, Eul's evidence No. 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion constitutes occupational disease caused by excessive noise exposure while digging and gathering coal as a mine worker.

(b) Entry in the attached Form of relevant statutes;

C. Article 5 Subparag. 1 of the Industrial Accident Compensation Insurance Act provides for the relevant legal doctrine.

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