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(영문) 서울행정법원 2018.11.23 2018구단66251
장해급여부지급처분취소
Text

1. The Defendant’s disposition to pay disability benefits to the Plaintiff on November 3, 2016 is revoked.

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

Reasons

1. Details of the disposition;

A. On January 12, 2016, the Plaintiff served as a luminous source in the Taean Mining Center, etc., diagnosed “the suspicion of both sides patrine nephalopty and noise risk” (hereinafter “the instant injury and disease”), and claimed disability benefits to the Defendant.

B. However, on November 3, 2016, the Defendant rendered a disposition on the payment of disability benefits (hereinafter “instant disposition”) to the Plaintiff on the ground that “the Plaintiff’s infertility is highly likely to have a senior citizens’ distress, and thus it is difficult to recognize a proximate causal relation with the Plaintiff’s work.”

C. The Plaintiff filed a request for examination against this objection, but was dismissed on May 30, 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2 and 3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was deprived of hearing power by being exposed for a long time to noise generated within underground pits while performing the work of digging and digging through solar mining stations, etc.

Therefore, even though the injury or disease of this case occurred due to the plaintiff's work, the disposition of this case which did not recognize it as an occupational disease is unlawful.

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

C. 1) The Plaintiff (the Plaintiff’s noise exposure capacity of November 194) (the Plaintiff), from October 1974 to July 197, 197, carried out the work by digging out and expanding from the Domintan coal mine, and the solar mining station from February 1987 to July 1991.

B) According to the average noise measurement values by process for five years of mining stations in operation (not less than 20 regular workers) in line with the Defendant’s noise level : noise measurement by digging process is 91.10dB; noise measurement by digging process is 86.9dB; 2) medical opinion is 19dB. (C non-definite and 5.2) medical opinion: The most good hearing power as a result of three times of each of the following dialogic chinites, the low-finites of noise level : the right 67dB, the left-hand 7dB, and the upper-hand 73dB disability: for more than 30 years.

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