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(영문) 서울행정법원 2016.10.27 2016구합61266

재해위로금지급청구

Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The coal industry rationalization project team is a corporation established pursuant to 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.

Among them, Article 31 of the Mining Damage Prevention and Restoration Act, which was enacted by Act No. 7551 on May 31, 2005, succeeded to all the rights and obligations of the Coal Industry Rationalization Business Bureau pursuant to Article 3 (2) of the Addenda, which was established by the defendant and established by Act No. 31 of the Mining Damage

B. The plaintiff A works in the F Mining Center from September 2, 1986 to March 11, 1992

The retirement was made.

Plaintiff

A was diagnosed with pneumoconiosis on January 3, 2006, and received 7,265,010 won as lump-sum disability compensation on May 23, 2006 after being judged by the disability grade of class 13 under the Industrial Accident Compensation Insurance Act by Korea Workers' Compensation and Welfare Service.

The FF Mining Center closed on July 9, 1992.

C. Plaintiff B is working for G stock company from February 1, 1988 to April 1, 1993.

The retirement was made.

Plaintiff

B was diagnosed with pneumoconiosis on May 12, 2005, and received 54,681,800 won as lump-sum disability compensation under the Industrial Accident Compensation Insurance Act on November 22, 2005.

The above G was closed on June 8, 1993. D.

Plaintiff

C From June 2, 1990 to March 31, 1991, H mining centers shall work for H mining.

The retirement was made.

Plaintiff

C under the diagnosis of pneumoconiosis on March 14, 1994, and received 4,695,000 won as lump-sum disability compensation under the Industrial Accident Compensation Insurance Act on June 16, 1994 by the Korea Workers' Compensation and Welfare Service upon the determination of grade 11 under the Industrial Accident Compensation Insurance Act. However, on October 6, 2005, after being judged as the disability grade of grade 9 due to aggravation of pneumoconiosis, C received 10,125,100 won as the difference in lump-sum disability compensation on February 10, 2006.

The above H Mining Center closed on July 18, 1991.

E. The plaintiff D is from March 4, 1987 to April 30, 1989 to the I Mining Center, from August 24, 1990 to March 6, 191 to the J Mining Center, from the date of April 9, 191 to April 1, 1992 to the date of April 5, 192, from the date of September 5, 1992 to the date of March 6, 193. < Amended by Act No. 4547, Oct. 5, 1992>