1. The Defendant’s disposition of disability benefit site payment rendered to the Plaintiff on November 12, 2019 is revoked.

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

1. Details of the disposition;

A. On April 19, 2018, the Plaintiff (B) diagnosed “The NFFE” as “The NFE,” and filed an application for the payment of disability benefits with the Defendant, asserting that the Plaintiff was exposed to noise in the course of digging, blasting, etc. as a mine worker and caused the instant injury and disease.

B. On November 12, 2019, the Defendant decided on the Plaintiff’s position at the site for disability benefits on the ground that “The Plaintiff is recognized as having a direct noise history of not less than 85dB engaged in for not less than three years at a workplace exposed to noise consecutively, but, as a result of the deliberation by the integrated review body, the Defendant determined the Plaintiff’s position at the site for disability benefits on the ground that “It is difficult to view the Plaintiff as having a noise level of not less than 85dB because there is a significant difference between the results of the examination of the first and second special diagnosis, and there is a lack of credibility due to the lack of credibility, and the difference between the reaction test of brain-causing and the standard net noise impact test.”

(hereinafter “instant disposition”). C.

On February 8, 2020, the Plaintiff appealed to the instant disposition and filed the instant lawsuit.

【Ground of recognition】 The facts without dispute, Gap evidence Nos. 1 and 6 (including each number, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion constitutes occupational disease caused by the Plaintiff’s excessive noise while working as a mine worker.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. In order to recognize a disease due to an occupational reason stipulated in Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act, the disease is caused by the occupational reason, and there is a proximate causal relation between the occupational and the disease, which must be attested by the assertion.

However, the existence of proximate causal relationship between work and accident is common.