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(영문) 춘천지방법원 강릉지원 2018.11.20 2017가단36563
보상금 청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. From January 1, 1969 to December 1, 1973, E had worked as a mining source at the F Mining Center. On December 15, 2004, E received diagnosis of pneumoconiosis and applied for medical care for pneumoconiosis with the Korea Workers’ Compensation and Welfare Service on April 20, 2005. After receiving medical care benefits, medical care benefits, nursing benefits, etc., E died on January 9, 2013.

In the documents prepared by the deceased at the Korea Labor Welfare Corporation, the work place of the deceased is the defendant.

B. Plaintiff A is the deceased’s spouse of the deceased E (hereinafter “the deceased”), and Plaintiff B and C are the deceased’s children.

Plaintiff

A was paid compensation benefits due to the death of the deceased during the medical care of the deceased by the Korea Labor Welfare Corporation.

C. The Defendant was established on January 30, 1974 as G’s private business chain was converted into the FY as a corporation.

[Grounds for Recognition: Evidence Nos. 1, 2, 3, 5, 6, 7, 9, and evidence No. 1, and the purport of the whole pleadings]

2. The Plaintiffs asserted that the deceased died of pneumoconiosis caused by the exposure of coal dust, etc. while working at the Defendant’s workplace, and that the Defendant’s collective agreement provides that the bereaved family shall pay the amount of 1,300 days’ average wage to the bereaved family members in the event of the death of a member due to an occupational reason. As such, the Defendant is obligated to pay the amount of 171,095,600 won (i.e., average wage under the Industrial Accident Compensation Security Act at the time of the death of the deceased x 131,612 x 1,300) primarily to the Plaintiff and then to the Plaintiff in accordance

3. According to the above facts of recognition, it is reasonable to view that the defendant succeeded to the status of the business owner of the F Mining Center or succeeded to the obligations of the F Mining Center according to the business transfer. Therefore, if the deceased died due to the reason during which he was in office and if the collective agreement provides for the payment thereof, the bereaved family is obligated to pay the self-compensation in accordance with the provisions, and the evidence No. 9 and 10

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