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(영문) 부산지방법원 2020.06.17 2019구단20956
장해급여부지급처분 취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On September 12, 1998, while working for the Korea Railroad Corporation, the Plaintiff was determined on November 11, 2017 by each of the spathal dysia (hereinafter “instant dysia”).

On November 13, 2018, the Plaintiff claimed disability benefits from the instant injury and disease to the Defendant.

B. On May 20, 2019, the Defendant rendered a decision on the payment of disability benefits site (hereinafter “instant disposition”) to the Plaintiff on the ground that “the Plaintiff’s hearing ability is inconsistent with the noise level level and does not meet the noise level level” (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3, Eul's 1 or 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was continuously exposed to excessive noise, such as performing maintenance and repair duties in the boiler room where a diesel boiler was operated by around June 19, 2003 due to explosions, and even thereafter, the Plaintiff could not listen to the instant injury and disease after the accident.

Nevertheless, the instant disposition was unlawful on a different premise.

(b) as shown in the attached Form of the relevant statutes.

C. The Plaintiff’s work history and content were C, who was employed by the Korea Railroad Corporation on September 12, 1998, to work as a personnel operating equipment related to cooling and heating, and retired on November 30, 2018. The Plaintiff was on a temporary retirement from office for nine months from December 7, 2012 to August 31, 2014, and on a temporary retirement from office for nine months from August 25, 2015 to February 29, 2016, the Plaintiff was on a temporary retirement from office for an occupational accident with approval of the 3-4 plenary signboard nuclear escape certificate (Burst) for the 3-4 plenary frequency from August 25, 2015 to February 29, 2016. At the time of explosion on June 14:0, 2003, the Plaintiff was on a temporary retirement from office for 20/600 of the Plaintiff’s normal military force on May 28, 2017.

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