beta
(영문) 서울고등법원 2017.10.26 2016누78297

재해위로금지급청구

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. Plaintiff A’s work from July 11, 1989 to November 1, 1989, Plaintiff A worked in the Dane mine. Dane was closed on or around February 16, 1990. Plaintiff A diagnosed pneumoconiosis (1/2) on April 7, 2004, and received KRW 6,903,370 for lump-sum disability compensation benefits on or around August 9, 2004.

After that, on May 31, 2005, the cardiopulmonary function has deteriorated to F1/2, and the disability grade of Class 11 was determined and received around September 26, 2005 the lump-sum disability compensation benefits amounting to KRW 9,092,200.

3) On September 25, 2015, Plaintiff A filed a claim with the Defendant for payment of disaster compensation benefits under the coal industry laws and regulations, such as the written purport of the claim, but the Defendant rejected it. (b) Plaintiff B-1) served in the F Mining Center from February 8, 198 to February 28, 1990, and the F Mining Center closed around April 9, 1990.

2) From September 17, 1992 to June 30, 1993, E worked in G Mining Center, and G Mining Center closed on August 18, 1993.3) Meanwhile, E was initially diagnosed with pneumoconiosis (1/0) on August 26, 1991. On November 21, 1991, E received lump-sum disability compensation 3,518,220 won, lump-sum disability compensation benefits 13,527,430 won, and lump-sum disability compensation benefits 13,527,430 won on October 8, 1998.

On November 28, 200, the pneumoconiosis (1/1/1) was diagnosed as a complication of a complication of the pneumoconiosis, and was determined to be subject to medical care, and died on December 1, 2005.

4) E (hereinafter referred to as “the deceased”).

A) On December 1, 2015, Plaintiff B, the wife of the Plaintiff filed a claim with the Defendant for payment of disaster compensation benefits under the Coal Industry Act and subordinate statutes, such as the purport of the claim, but the Defendant rejected it. C. Plaintiff C related to Plaintiff C (Plaintiff C related1) served in H mining centers from June 1, 1987 to July 1, 1991, and H mining centers closed around September 6, 1991.

2) Meanwhile, on March 17, 1982, the Plaintiff C was diagnosed as pneumoconiosis (1/1 type). On July 27, 2005, after being diagnosed as pneumoconiosis (1/0), the Plaintiff C received KRW 7,349,640 for lump-sum disability compensation around December 6, 2005, and received KRW 7,349,640 for lump-sum disability compensation around December 6, 2005.

참조조문