재해위로금지급 청구
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. The deceased F, who is the spouse of the Plaintiff A, and the father of the Plaintiff B, C, D, and E (hereinafter “the deceased”) served as B (hereinafter “the instant mining center”) from June 23, 1978 to June 1, 198.
The mining center of this case was closed on August 7, 1989.
B. From July 7, 1986 to December 12, 1986, the Deceased was determined as class 11 of the disability grade after having undergone a close diagnosis by an I Hospital, and received the payment of KRW 2,696,630 for lump-sum disability compensation benefits by being determined as class 11 on August 18, 1986.
After undergoing the precise diagnosis at the J Hospital from March 21, 1994 to April 26, 1994, the deceased was judged "2/3 of the pneumoconiosis type and F0 (normal)" on April 1, 1994. From November 12, 2001 to November 17, 2001, the deceased was determined "2/3 of the pneumoconiosis type, F0 (ordinary)" on the 30th of the same month after undergoing the precise diagnosis at the K Hospital. From June 20, 2006 to September 24, 2006, the deceased was judged "3/2 of the pneumoconiosis type and F0 (ordinary) of the cardiopulmonary function."
The Deceased died on February 17, 2009.
C. The Plaintiff A received part of the bereaved family’s benefits up to 158,168,595 won (average wage 121,668.15 x 1,300 days) in a lump sum, and received the remainder as the bereaved family’s compensation annuity every month.
The Plaintiffs filed with the Defendant for the payment of disaster compensation benefits pursuant to Article 39-3(1)4 of the former Coal Industry Act (amended by Act No. 4754 of March 24, 1994; hereinafter “former Coal Industry Act”), Article 41(3)4 of the former Enforcement Decree of the Coal Industry Act (amended by Presidential Decree No. 13216 of December 31, 1990; hereinafter “former Enforcement Decree of the Coal Industry Act”), but the Defendant failed to comply with the above claim.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 5, the purport of the whole pleadings
2. Prior to the closure date of the Plaintiffs’ assertion.