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(영문) 인천지방법원 2020.10.30 2020구단51072
장해급여부지급처분취소
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. The Plaintiff worked in the Incheon Factory, Inc. from November 10, 1981 to December 31, 2018.

B. On January 4, 2019, the Plaintiff was diagnosed by C Hospital as “mix dynasium and eudio dynasium,” and on April 25, 2019, the Plaintiff filed a claim for disability benefits on the ground that the Defendant was exposed to high level noise for a long time while working in the said B Incheon factory, and that the occurrence of Kimmagne dynasium, noise dynasium, and disability existed.

B. On January 2, 2020, the Defendant requested the D Hospital to conduct a special medical examination, and on the basis of the above results, the Defendant decided to pay disability benefits on January 2, 2020 on the ground that “The Plaintiff’s opinion on the advice of the Defendant affiliated with the Defendant and on January 2, 2020, falls short of the disability grade recognition standard, and there is a heavy objection, and the left-hand side is clearly 43.3dB or 33dB, and 43.3dB, and 33333333333, and 443, and it is deemed that disability benefits payment decision is not reasonable to the noise risk hearing.”

(hereinafter “Disposition in this case”). [Grounds for recognition] The Disposition in this case is without dispute; Gap evidence Nos. 1, 2, 3; Eul evidence Nos. 1 through 5; and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. Although the Plaintiff’s assertion is recognized as having a noise level of at least 14 level with noise level difficult, the instant disposition, which differs from this premise, should be revoked in an unlawful manner.

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

C. In light of the following facts and circumstances acknowledged by comprehensively considering the evidence mentioned above and the overall purport of the argument as a result of the request for the examination of medical records to the E Hospital Head of this court, it is difficult to find that the evidence presented by the Plaintiff alone proves that the occupational disease or disability (noise), as prescribed by the above statutes, has occurred, and there is no other evidence to acknowledge otherwise

Therefore, the instant disposition is lawful.

(1) A physician in charge of issuing the initial written disability diagnosis shall make a mixed hearing and a complete voice hearing by the plaintiff.

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