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(영문) 서울행정법원 2020.11.27 2019구단69554
장해등급결정처분취소
Text

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 July 27, 1983, the Plaintiff, who became a member of the Company B, performed the tasks such as hull assembly, contact, and assembly assembly in LNG production department, etc., and retired on December 31, 2016.

B. On February 8, 2019, the Plaintiff received the diagnosis of “halopic Distress” from CBE, and filed a claim for disability benefits with the Defendant on February 14, 2019, by asserting that the noise was exposed to noise during the period of service in the company.

C. On August 28, 2019, the Defendant rendered a decision on the Plaintiff’s disability grade No. 14 subparag. 1 (a person who was unable to find out a small cancellation rate at a distance of at least one meter from the hearing capacity of the Plaintiff, and a person whose average hearing loss per ear is at least 40 cc but less than 70 cc.) (hereinafter “instant disposition”) on the premise that the Plaintiff’s hearing loss was the left-hand 44 dB and 35 dB (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was continuously exposed to excessive noise while working in a shipbuilding yard for 33 years, and according to the doctor’s opinions and the result of physical appraisal, the Plaintiff constitutes a person whose average Cheongman’s loss was at least 40dB.

Therefore, the Plaintiff’s disability grade falls under class 5 of class 11 (a person who cannot hear a small range of revocation at a distance of at least one meter, and two ear average loss amounts to at least 40 cc respectively), and the disposition of this case made on a different premise is unlawful.

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

(c) Fact-finding 1) The name of the doctor's (CB) injury: The name of the doctor's (CB) opinion: The state of the NOS disability of the Machine NOS: the 41dB on the right-hand side, the left-hand side of at least 41dB on the Machine Cheongchine examination (six minutes), the 40dB on the right-hand right-hand side of the reaction test, and the 50dB on the left-hand side of the Machine Machine examination (the result of the Machine examination).

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