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(영문) 서울행정법원 2016.01.15 2015구합73835

재해위로금지급청구

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The recognized coal industry rationalization project team is a corporation established under Article 31 of the former Coal Industry Act (amended by Act No. 7552 of May 31, 2005) and carried out the coal mine mine closure countermeasure project, such as the payment of disaster compensation benefits.

In the meantime, the defendant was established in accordance with Article 31 of the Mining Damage Prevention and Restoration Act, enacted by Act No. 7551 on May 31, 2005, and succeeded to all the rights and obligations of the Coal Industry Rationalization Project Association in accordance with Article 3 (2) of the Addenda of the above Act.

Plaintiff

A is working in the field coal mine in Boan-si, Boan mining corporation on February 10, 1984 and has been working in Boan-si.

After retirement on June 1, 1989, the Korea Workers' Compensation and Welfare Service was diagnosed as pneumoconiosis on April 7, 2005, and received 8,495,980 won as lump-sum disability compensation benefits on September 13, 2005, after having been determined by the Korea Workers' Compensation and Welfare Service as grade 13 under the Industrial Accident Compensation Insurance Act.

The coal mine was abandoned on July 28, 1989.

Plaintiff

B On May 2, 1979, Sungju Mining Co., Ltd. has been employed in Young-si and Seowon Mining Center in Young-si.

After retirement on January 20, 1990, the Korea Workers' Compensation and Welfare Service diagnosed as pneumoconiosis (1/0) on July 18, 2003, and received 5,634,930 won as lump-sum disability compensation benefits under the Industrial Accident Compensation Insurance Act on December 19, 2003, but received 7,602,02,020 won as the difference in lump-sum disability compensation benefits on March 21, 2005, when the type of pneumoconiosis aggravated to 2/1, and accordingly the disability grade increased to 11. < Amended by Presidential Decree No. 18173, Sep. 13, 2005; Presidential Decree No. 18174, Sep. 13, 2005>

The above Seocho Mining Center closed on March 21, 1990.

Plaintiff

C As of December 1, 1983, he/she shall be employed in the Fanth of the city of Chungcheongnam-do on December 1, 1983.

After retirement on September 1, 1990, the Korea Workers' Compensation and Welfare Service diagnosed as pneumoconiosis on March 18, 2005, and received 9,088,610 won as lump-sum disability compensation benefits on August 18, 2005, after having been determined by the Korea Workers' Compensation and Welfare Service as grade 13 under the Industrial Accident Compensation Insurance Act.

On November 16, 1990, the FO mines were closed.