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1. The Defendant’s disposition to pay disability benefits to the Plaintiff on August 17, 2015 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. From June 1, 1962 to July 3, 1971, the Plaintiff worked as the digging field in the Korea Coal Corporation Korea Coal Corporation from the Korea Coal Corporation to the Korea Coal Corporation.
B. On June 15, 2015, the Plaintiff was diagnosed by the Egalopsis and noise risk center (hereinafter “the instant injury and disease”), and applied for disability benefits to the Defendant on July 7, 2015.
C. On August 17, 2015, the Defendant filed a claim for disability benefits with the Plaintiff on July 7, 2015, on the ground that “The Plaintiff’s claim for disability benefits was made after the lapse of a long period of time from the noise place of business on July 4, 1971, and the said claim for disability benefits became final and conclusive, the Defendant issued a disposition on disability benefits site payment (hereinafter “instant disposition”).
In response to the instant disposition, the Plaintiff filed a request for review and reexamination, but the Plaintiff dismissed each of the following grounds: (a) “The Plaintiff was diagnosed on July 30, 201 by the due diligence of each side of the first two sides on the disability diagnosis report and medical record; and (b) the extinctive prescription of the right to claim disability benefits has expired since three years have elapsed since the date of leaving the noise business place and the date of the first diagnosis; and (c) it is difficult to recognize a proximate causal relationship between the Plaintiff’s distress and the noise business place.”
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5 (including virtual numbers), Eul evidence 1, 2, and 4, the purport of the whole pleadings
2. Determination on the legitimacy of the disposition
A. The defendant's disposition of this case is unlawful for the following reasons as asserted by the plaintiff.
1) The Plaintiff was exposed to severe noise while working as a digging field for about nine years and one month, and as a result, the occurrence of the instant injury or the existing disease was aggravated beyond the natural progress speed, a proximate causal relation is acknowledged between the Plaintiff and the injury and disease of this case. 2) The extinctive prescription of the Plaintiff’s right to claim disability benefits was confirmed to have the symptoms of the noise state.