재해위로금
Of the judgment of the first instance, the part against the plaintiff falling under the following amount shall be revoked.
The defendant.
1. Basic facts
A. From December 26, 1987 to February 28, 1990, the Plaintiff worked as an coal mine source in B (hereinafter “the instant mining center”) and the instant mining center was closed on April 13, 1990.
B. On June 23, 198, when the Plaintiff was working in the mining center of this case, the Plaintiff was diagnosed as “type 2/2 of pneumoconiosis-type disease, and cardiopulmonary function F0 ( normal circumstances)” and was determined as disability grade 11 under the Industrial Accident Compensation Insurance Act, and was paid as a lump sum payment for disability compensation 2,283,420 won on March 8, 1989.
(c)
On January 6, 2010, the date of the closure of the instant mining center, the Plaintiff was determined as “1/0 pneumoconiosis type 1/0, and f1 (major disability) disability grade” and accordingly, received KRW 33,821,560, and KRW 5,719,240, respectively, for lump-sum disability compensation payment on June 14, 201 (the disability benefit according to the difference in the base grade on January 6, 2010), which was after the closure of the instant mining center. < Amended by Presidential Decree No. 22035, Apr. 29, 2011; Presidential Decree No. 22034, Jan. 6, 2010>
(d)
With respect to pneumoconiosis, the Industrial Accident Compensation Insurance Act was amended by Act No. 10305 on May 20, 2010 (hereinafter “Revised Industrial Accident Insurance Act”), the grade of disability was raised to Grade III, and the disability was determined to be paid pursuant to the amended Industrial Accident Compensation Insurance Act, without paying business suspension benefits, disability benefits, survivors’ benefits, and injury or disease compensation annuities (Articles 36(1), 91-3, and 91-4). E. on March 20, 2017, the Plaintiff was determined as “the pneumoconiosis type 1/0, the cardiopulmonary function F2 (or severe disability)” and received pneumoconiosis compensation annuities pursuant to the amended Industrial Accident Compensation Insurance Act.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. Determination
A. The part of Article 41(3)4 of the former Enforcement Decree of the Coal Industry Act (amended by Presidential Decree No. 13216, Dec. 31, 1990; hereinafter “former Enforcement Decree of the Coal Industry Act”) provides for the scope of the person entitled to special compensation (the requirement to determine whether the person is subject to payment), and the latter part of the coal industry provides the method of calculating the amount of the said amount due to disasters.