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(영문) 서울행정법원 2016.12.02 2016구합73870

재해위로금지급청구

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The plaintiff A retired while serving in Gangwon coal mine Co., Ltd., and the above coal mine was abandoned on June 8, 1993.

Plaintiff

A was diagnosed as pneumoconiosis on May 18, 201, and was paid KRW 10,245,784 around that time after being determined by the Korea Workers' Compensation and Welfare Service on July 25, 201.

B. The plaintiff B retired while working in the Habae Mining Center, and the above mining center was closed before December 29, 2000.

Plaintiff

B under the diagnosis of pneumoconiosis on February 20, 201, upon the determination of the grade of disability as set forth in class 11-9, paid KRW 14,532,190 for lump-sum disability compensation benefits, and thereafter received KRW 18,540,530 for lump-sum disability compensation benefits upon the determination of the grade of disability as set forth in class 9-19 around February 2, 2009.

C. From December 24, 1987 to February 25, 1990, Plaintiff C worked in E Mining Center, and the above mining center was closed on April 13, 1990.

Plaintiff

C was diagnosed by pneumoconiosis symptoms around November 19, 197, and was paid KRW 10,518,520 for lump-sum disability compensation benefits, and KRW 39,651.480 for lump-sum disability compensation benefits, respectively, after being determined by the disability grade under class 9 of class 11 on March 12, 198.

Plaintiff

D From December 23, 1990 to March 1, 1993, D worked in Han-young coal mine, and the above coal mine was closed around June 15, 1993.

Plaintiff

D was diagnosed by pneumoconiosis around February 1, 2013, and was paid 1,091,550 won for disability pension after the disability grade No. 11 subparag. 16 was determined on May 20, 2013.

E. The Plaintiffs filed a claim with the Defendant for payment of disaster compensation money under the coal industry law, such as the statement in the claim, but the Defendant rejected the claim.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 10 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 1 and 2, the purport of the whole pleadings

2. To make entries in the attached statutes concerned;

3. On December 29, 2000, the Enforcement Decree of the Coal Industry Act was amended.