장해급여부지급처분취소
1. Revocation of the first instance judgment.
2. The Defendant’s decision on May 25, 201 to pay disability benefits to the deceased Party A shall be revoked.
3.
1. The reasoning of the judgment by the court concerning this part is the same as that of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Whether the instant disposition is lawful
A. The reasoning of the judgment that the court should explain this part of the plaintiffs' assertion is identical to that of the judgment of the court of first instance. Thus, this part of the judgment is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure
(b) as shown in the attached Form of the relevant statutes;
C. 1) Article 36(1) of the current Industrial Accident Compensation Insurance Act provides for the types of insurance benefits under subparagraphs 1 through 8. However, the proviso provides that “the types of insurance benefits for pneumoconiosis shall be “medical care benefits under subparagraph 1, nursing benefits under subparagraph 4, funeral expenses under subparagraph 7, vocational rehabilitation benefits under subparagraph 8, pneumoconiosis compensation annuities under Article 91-3, and pneumoconiosis survivors’ annuities under Article 91-4,” and explicitly excludes disability benefits under subparagraph 3, however, the former Industrial Accident Compensation Insurance Act (amended by Act No. 10305, May 20, 2010; hereinafter “former Industrial Accident Compensation Insurance Act”) prior to the enactment of the said proviso.
According to Article 36(1) of the Industrial Accident Compensation Insurance Act, disability benefits under subparagraph 3 were included in the case of insurance benefits for pneumoconiosis. Meanwhile, disability benefits under Article 57 of the former Industrial Accident Compensation Insurance Act are required to be paid to a worker when the worker is cured of an injury or disease caused by reason of his/her duties, and disability benefits shall be disability compensation annuities or lump-sum disability compensation benefits under [Attachment Table 2] according to the disability grade, and the disability grade shall be determined by Presidential Decree, and the disability grade shall be determined by delegation thereof, and the former Enforcement Decree of the Industrial Accident Compensation Insurance Act (amended by Presidential Decree No. 22492, Nov. 15, 2010; hereinafter the same shall apply) shall be enforced on November 21, 2010.