재해위로금부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
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) has carried out the coal mine mine mine mine mine mine mine mine mine mine mine closure countermeasure project, such as payment of disaster compensation benefits, and the defendant was established under Article 31 of the Mining Damage Prevention and Restoration Act (amended by Act No. 7551 of May 31, 2005) and succeeded to all rights and duties of the coal industry rationalization project team pursuant to Article 3 (2) of the Addenda of the above Act.
From November 10, 1983 to May 13, 1993, the Plaintiff was engaged in coal-free coal-free mine, a mine subject to subsidization of mine closure countermeasure expenses under the Coal Industry Rationalization Business under the Coal Industry Act.
As a result of the precise diagnosis of pneumoconiosis on December 24, 1990, the Plaintiff was diagnosed with the pneumoconiosis of “type 1/0 of pneumoconiosis type, F0 of cardiopulmonary function” and on March 9, 1992, the Plaintiff was diagnosed with the pneumoconiosis card of “type 1/2 of pneumoconiosis type, and F0 of cardiopulmonary function” and was judged as class 11 of the disability grade due to occupational accidents on June 25, 1992.
Accordingly, the payment of lump-sum disability compensation benefits to the plaintiff on January 18, 1993 was decided, but the plaintiff did not receive the above lump-sum disability compensation benefits.
Btan mine around February 16, 1993, pursuant to Article 42-2 (1) of the former Enforcement Decree of the Coal Industry Act (amended by Presidential Decree No. 14092, Dec. 31, 1993; hereinafter the same shall apply), in order to collect the mine closure countermeasure expenses under Article 39-3 (1) of the former Coal Industry Act (amended by Act No. 4754, Mar. 24, 1994; hereinafter the same shall apply), was subject to approval by filing an application for confirmation as to whether the mine falls under the criteria under Article 39-2 (1) of the same Act (hereinafter referred to as “application for mine closure preliminary”), and the mine closure was closed on August 17, 1993.
Accordingly, on March 23, 1995, the Plaintiff received disaster consolation money of KRW 23,135,650 from the Defendant.
As a result of the precise diagnosis of pneumoconiosis on July 11, 201, the Plaintiff suffers from pneumoconiosis of “type 2/2 of pneumoconiosis and cardiopulmonary function F3 (high disability).”