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(영문) 서울행정법원 2018.11.14 2017구단66520
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 December 22, 2015, the Plaintiff diagnosed the two sides of the dialogism and noise risk (hereinafter “the instant injury”) and claimed disability benefits to the Defendant on December 29, 2015.

B. On August 12, 2016, the Defendant rendered a disposition of non-approval of the Plaintiff’s claim for disability benefits (hereinafter “instant disposition”) based on the results of the examination by the Integrated Review Committee for the Child Headquarters in Daegu, Daegu, and thus, based on the Plaintiff’s “the senior citizens’ risk of suffering from noise in the process of the inspection.”

C. The Plaintiff filed a petition for review against the instant disposition, but the petition for review was dismissed on January 5, 2017, and the petition for review was filed again, but the petition for review was dismissed on May 12, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 4 through 6, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion is that the Plaintiff’s non-approval of the Plaintiff’s claim for disability benefits was unlawful, since the Plaintiff was exposed to noise for a long time while working in a light for not less than 18 years, and the instant injury and disease occurred.

B. Fact 1) The Plaintiff’s experience of exposure to noise was exposed to noise in the Korea Coal Corporation from May 16, 1962 to September 30, 1980 by the Korea Coal Corporation, as a result of digging, collecting coal, and supervising, and thereafter, there was no career in the noise workplace. 2) The Plaintiff’s age and disability status as B students, and the Plaintiff received the current pneumoconiosis basic pension by being granted the disability grade of grade 11 with pneumoconiosis symptoms on October 20, 2010.

3) Plaintiff R&D’s main name (CB) Plaintiff R&D: Each of the following diapathal chronology, noise-related diversity test results, and disability conditions: repeatedly conducted three times, and the highest luxity test is measured by the right 59dB, the left-hand 65dB. Both sides are visible from noise.

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