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(영문) 서울고등법원 2018.09.13 2018누42070

재해위로금지급 청구의 소

Text

1. Of the ancillary claims in the judgment of the court of first instance, the plaintiffs who fall under any of the following subparagraphs:

Reasons

1. Facts of recognition;

A. The Plaintiff’s husband and the father of the Plaintiff B, C, D, and E (hereinafter “the deceased”) worked in the Korea Coal Corporation from April 1, 196 to July 23, 1979, K from September 2, 1986 to April 30, 198, and from H Co., Ltd. (hereinafter “the instant mining center”) to April 15, 1990 to April 1, 1993.

The Korea Coal Corporation Korea Coal Corporation was in operation until now, K was closed on September 27, 1989, and the mining center of this case was closed on March 2, 1993 after the application for confirmation under Article 42-2 (1) of the former Enforcement Decree of the Coal Industry Act (amended by Presidential Decree No. 14092, Dec. 31, 1993; hereinafter “former Enforcement Decree of the Coal Industry Act”). < Amended by Presidential Decree No. 14092, Jun. 8, 1993>

B. The details and details of diagnosis and treatment relating to the deceased’s pneumoconiosis symptoms are as follows.

① On July 3, 1980, after withdrawal from the Korea Coal Corporation, medical care was first diagnosed as "Type 1 of Pneumoconiosis disease type, and pulmonary tuberculosis with complication," and the treatment of pulmonary tuberculosis was completed on September 30, 1981.

② On December 5, 198, when on duty in K, the L Hospital was diagnosed as “type 1/2 of pneumoconiosis-type and cardiopulmonary function F0 (Abnormal)”.

③ On December 5, 192, when working in the instant mining center, the I Hospital was diagnosed as “type 2/3 of pneumoconiosis disease type” and was determined as class 11 of the disability grade by the Korea Workers’ Compensation and Welfare Service around that time.

④ On June 7, 1996, after the closure of the instant mining center, the said I Hospital was diagnosed as “type 3/3, and cardiopulmonary function F0 (normal)”, and on August 25, 1997 and December 9, 1998, respectively, as “mick-type 4A and cardiopulmonary function F0 (normal).” On May 8, 1999, the said I Hospital was diagnosed as “mick-type 4A” and received medical care from I Hospital and J Hospital around that time.

⑤ As seen above, the term “self-smoking”, a direct death on April 12, 201, a middle line event, a “waste collection”, a prior death on the same line, a pulmonary tuberculosis, and a cause for a prior death on the same line, shall be deemed to read “mination of coal mines”.