logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.09.30 2015구단21356
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. On October 1, 2004, the Plaintiff became a member of Hyundai Steel Co., Ltd., and performed the duties of operation of voltages, annual installments, and pressure facilities, etc. in the current progress factory pressure process, and retired on December 31, 2012.

B. On May 13, 2015, the Plaintiff asserted that the noise was exposed to noise during the working period in the said company and that the noise was damaged, and claimed disability benefits to the Defendant.

C. From June 8, 2015 to June 30, 2015, the Defendant issued a disposition of disability benefit site pay (hereinafter “instant disposition”) on August 6, 2015 on the ground that the Cheongcheon-ro Hospital’s special medical examination on the Plaintiff was conducted and the Cheongcheon-ro Hospital measured below 40dB, thereby failing to meet the disability grade standard.

The plaintiff filed a request for review to the defendant, but was dismissed on November 6, 2015.

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

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the noise level occurred due to exposure to occupational noise, and as a result of the inspection of sound force, the level of disability under the Industrial Accident Compensation Insurance Act is not less than 40dB, and the Defendant’s disposition of this case rendered on the ground that the degree of disability under the Industrial Accident Compensation Insurance Act should be granted, is unlawful.

나. 인정사실 1 청력검사의 방법 일반 ㈎ 순음청력검사 피검자에게 아주 작은 소리라도 소리가 들릴 때마다 반응을 보이도록 안내한 후, 피검자의 반응을 통해 각 주파수의 최소 가청 지점을 찾아 역치로 표시하여 청력을 측정한다.

The results of the inspection may be distorted depending on whether the person's intention is involved as a subjective prosecutor.

When the same inspector repeats the poppy test with the same meter, the difference between the Cheongne station and the Cheongne station is not more than 10dB.

If the difference of net honest calendar is 10dB or more in a repeated prosecutor, there is a possibility of functional distress or danger.

㈏ 뇌간유발반응검사...

arrow