재해위로금지급청구
1. Revocation of the first instance judgment.
2. The Defendant’s KRW 46,634,210 for the Plaintiff and its related costs from April 1, 2016 to October 1, 2017.
In fact, the coal industry rationalization project team established under Article 31 of the former Coal Industry Act (amended by Act No. 7552 of May 31, 2005) carried out the coal mine mine mine mine mine mine closure countermeasure project such as payment of disaster compensation benefits.
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 pursuant to Article 3 (2) of the Addenda to the above Act.
From February 20, 1986 to August 31, 1990, the Plaintiff works as a mining source belonging to the coal department at the C Mining Complex (hereinafter “instant Mining Complex”) of the limited partnership company B.
The retirement was made.
During the period from September 15, 1982 to February 25, 1985 and from March 2, 1985 to September 30, 1985, the Plaintiff worked in the mining center of this case as the mining source of each of the coal mines for the period from October 2, 1985 to February 15, 1986.
As a result of the precise diagnosis of pneumoconiosis on April 28, 1987, the Plaintiff was diagnosed with the pneumoconiosis symptoms of “no pneumoconiosis-type 1/1, and no complication.”
On February 18, 1997, the Plaintiff was diagnosed as “3/2 type of pneumoconiosis and “F0 type 3/2 type of cardiopulmonary function”, and received KRW 10,878,560 as a lump-sum disability compensation under the Industrial Accident Compensation Insurance Act on May 19, 197, upon which the disability grade was determined by the Korea Workers’ Compensation and Welfare Service pursuant to the Industrial Accident Compensation Insurance Act, and received KRW 10,878,560 as a result of the lump-sum disability compensation under the Industrial Accident Compensation Insurance Act on May 19, 197. On February 24, 2006, the Plaintiff received KRW 3/2 type of pneumoconiosis disease, and KRW 650 as a result of the intensive diagnosis of pneumoconiosis on February 24, 2006.
B Limited Partnership Company closed the instant mining center on November 16, 1990.
On February 19, 2016, the Plaintiff demanded the Defendant to pay disaster compensation benefits under the Coal Industry Act and subordinate statutes, but the Defendant rejected it.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 7, Gap evidence 8, Eul evidence 1, the first instance court, and this court's appeal against the Korea Labor Welfare Corporation.