진폐재해위로금부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. B was engaged in dusty work in C from October 1, 1971 to April 8, 1990. On December 4, 1998, B died on March 20, 201 while being treated as a person eligible for pneumoconiosis medical care benefits.
The Plaintiff applied for the payment of bereaved family benefits, funeral expenses, etc. to the Defendant and received bereaved family benefits and funeral expenses on July 8, 2014.
B. On July 16, 2014, the Plaintiff, the wife of the deceased B (hereinafter “the deceased”), applied for the payment of pneumoconiosis injury consolation benefits to the Defendant. On December 23, 2014, the Defendant rendered a land-based disposition for pneumoconiosis injury consolation benefits (hereinafter “instant disposition”) to the Plaintiff on the ground that the pneumoconiosis type was determined as proven (0/1) as a result of the deliberation by the Pneumoconiosis Review Board with respect to the Deceased.
C. On March 30, 2015, the Plaintiff filed an administrative appeal by asserting that the bereaved family consolation benefits should be paid under Articles 24 and 25(3) of the former Act on the Prevention of Pneumoconiosis and Protection, etc. of Pneumoconiosis Workers (amended by Act No. 10304, May 20, 2010; hereinafter “former Pneumoconiosis Prevention Act”), but the Central Administrative Appeals Commission dismissed the Plaintiff’s claim on January 12, 2016.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, Eul evidence No. 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was diagnosed with pneumoconiosis precision from December 16, 1996 to December 21, 1996, and was determined as a serious disability (F2). This constitutes the ground for payment of disability consolation benefits as class 3 of the pneumoconiosis disability grade. In addition, on February 3, 2010, the Deceased was confirmed as a type 1 of the pneumoconiosis type. Thus, the cause for payment of disability consolation benefits occurred.
Therefore, pursuant to Article 5 of the Addenda of the Act on the Prevention of Pneumoconiosis and Protection, etc. of Pneumoconiosis Workers (amended by Act No. 10304 of May 20, 2010), the deceased is a worker who had caused the cause of payment of disability consolation benefits before the enforcement of the above Act, and is entitled to bereaved family consolation benefits under the former Pneumoconiosis method.