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(영문) 서울행정법원 2017.06.29 2016구단64442
장해급여부지급처분취소
Text

1. On September 1, 2016, the Defendant’s disposition of disability benefit site payment against the Plaintiff is revoked.

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

Reasons

1. The plaintiff asserts that from around 1984 to August 31, 2005, the plaintiff worked for about 20 years from around 1966 and worked for about 40 years in coal mines.

B The Bank of Korea shall serve as a mining source in the Mining Center, the Bank of Korea, the Bank of Bankruptcy, and the Bank.

The retirement was made.

On February 23, 2016, the Plaintiff received the diagnosis of “the suspicion of saveal chronological typhism and noise in both sides” (hereinafter “the instant injury”).

On the same day, the Plaintiff issued a disability diagnosis “to the right-hand 50dB, the left-hand 47dB measurement” on the same day. On April 6, 2016, the Plaintiff filed a claim for disability benefits with the Defendant on the ground that “The lux has been lost due to long-term noise environment work, such as coal mine digging work.”

On September 1, 2016, the Defendant determined the disability benefit site level (hereinafter “instant disposition”) for the following reasons:

In other words, “the Plaintiff is confirmed to have worked for a long time in the noise environment of the past coal mines, etc., and the noise generated in the course of the Plaintiff’s work such as digging and collecting coal constitutes noise standards at least 85dB, but it is difficult to view the current cause of the loss of hearing power at the time of diagnosis of the disease in this case, such as the result of the examination of the age and special medical examination of the disease in this case (the typical characteristics of the elderly who are affected by the flow of hearing power in high risk compared to the low risk of hearing) as noise hearing.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Gap evidence Nos. 2 and 3, each of the statements Nos. 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The summary of the Plaintiff’s assertion was exposed to noise for a long time while digging and collecting coal in a mining station, and was diagnosed as the injury and disease of this case.

Despite the fact that the Plaintiff’s state of hearing ability falls under the noise risk of the noise, the Defendant’s disposition rejecting the application for disability benefits is unlawful.

(b) Appendix attached to the relevant legislation;

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