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(영문) 서울행정법원 2017.04.21 2016구합71416

진폐위로금차액부지급처분취소

Text

1. The Defendant limited to Plaintiff A on May 13, 2016, and limited to Plaintiff B on January 26, 2016, and Plaintiff C on March 14, 2016.

Reasons

1. Details of the disposition;

A. The Plaintiffs are the bereaved families of Nonparty F, G, H, I, and J as indicated below, and the Deceased are working in the mine as follows.

After retirement, a deceased person is diagnosed as a combination of pneumoconiosis and pneumoconiosis as listed below, and is under medical care.

On August 13, 1999, 1/1/1, 201, on March 22, 2012, 2013, the Gi-Maul G G pulmonary Tuberculosis C C on August 13, 1998, 1/1/1/1, 201, on August 6, 2013, 201, the active tuberculosis ID on August 6, 2013, 201, the active pulmonary Tuberculosis on August 6, 2013. < Amended by Presidential Decree No. 110135, Aug. 2/ 1987; Presidential Decree No. 11858, Aug. 6, 2013; Presidential Decree No. 25758, Aug. 29, 2018; Presidential Decree No. 25575, Nov. 24, 2014>

B. In accordance with Article 24(1)2 and proviso of Article 24(3) and Article 25(2) [Attachment 2] of the Act on the Prevention of Pneumoconiosis and the Protection, etc. of Pneumoconiosis Workers (amended by Act No. 10304, May 20, 2010; hereinafter “Revised Pneumoconiosis Prevention Act”), the Defendant paid pneumoconiosis accident consolation benefits to the Plaintiffs, who are bereaved family members of the deceased.

C. On November 21, 2010, the enforcement date of the Act on the Prevention of Pneumoconiosis, the Plaintiffs asserted that bereaved family consolation benefits under the former Act on the Prevention of Pneumoconiosis (amended by Act No. 10304, May 20, 2010; hereinafter “former Pneumoconiosis Prevention Act”) should be paid pursuant to Article 5 of the Addenda of the amended Pneumoconiosis Prevention Act, because they fall under “workers whose causes for the payment of disability consolation benefits occurred before the enforcement of the amended Pneumoconiosis Prevention Act.” The Plaintiffs asserted that bereaved family consolation benefits calculated according to the former Pneumoconiosis Prevention Act and consolation benefits paid pursuant to the amended pneumoconiosis Prevention Act should be paid. The Plaintiffs claimed to pay the difference between bereaved family consolation benefits and pneumoconiosis consolation benefits paid according to the amended pneumoconiosis Prevention Act.

However, the defendant against the plaintiff on May 13, 2016, against the plaintiff Eul on January 26, 2016, against the plaintiff Eul on March 14, 2016, against the plaintiff Eul on March 14, 2016, against the plaintiff Eul on June 14, 2016, and "the deceased against the plaintiff Eul on June 15, 2016" was revised as a deceased person who died during the period of medical care.