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(영문) 서울행정법원 2016.09.30 2016구단52357
진폐위로금차액부지급처분취소
Text

1. Each of the pneumoconiosis survivors' consolation benefits dispositions against the plaintiffs as of the date of disposition listed in the separate sheet (1).

Reasons

1. Details of the disposition;

A. The deceased died on April 16, 2014, while receiving the approval of medical care with the form of pneumoconiosis-type 1/1 on September 21, 1999, and with the fluorily fluorily with the fluorite mining center, the network D paid the Plaintiff, who is the deceased’s bereaved family member, with pneumoconiosis consolation benefits pursuant to the proviso to Article 24(3) of the Act on the Prevention of Pneumoconiosis and the Protection, etc. of Pneumoconiosis Workers (hereinafter “Revised Act”), and Article 25(2) [Attachment Table 2] of the Act on May 20, 2010.

B. On May 21, 2002, the network E died on March 11, 2015 while receiving medical care approval for pneumoconiosis-type 1/2, 2002, and combined engine infection. The Defendant paid pneumoconiosis-related consolation benefits to the Plaintiff B, a bereaved family member of the network E, pursuant to the proviso to Article 24(3) of the amended Pneumoconiosis Prevention Act and Article 25(2) [Attachment Table 2].

C. On December 20, 2002, the deceased on March 31, 2015, while receiving medical care approval with the type 1 pneumoconiosis disease type on December 20, 2002, and with complicationation engine infection, the deceased on March 31, 2015. The Defendant paid pneumoconiosis consolation benefits to the Plaintiff C, a bereaved family member of the deceased G, pursuant to the proviso to Article 24(3) of the Pneumoconiosis Prevention Act and Article 25(2) [Attachment Table 2].

Therefore, the Plaintiffs constitute a worker whose causes for the payment of disability consolation benefits occurred before the enforcement of the amended Pneumoconiosis Prevention Act, and thus, the Plaintiffs requested the Defendant to pay survivors’ consolation benefits after deducting the pneumoconiosis consolation benefits already paid under the Act on the Prevention of Pneumoconiosis and Protection, etc. of Pneumoconiosis Workers (hereinafter “former Pneumoconiosis Prevention Act”) pursuant to Article 5 of the Addenda to the amended Pneumoconiosis Prevention Act, on the ground that survivors’ consolation benefits should be paid pursuant to Article 10304 of the Addenda to the amended Pneumoconiosis Prevention Act. The Defendant made a claim for payment of survivors’ consolation benefits after deducting the pneumoconiosis consolation benefits already paid. On the date of disposition indicated in the attached Table (1), the Plaintiffs were the workers who received disability consolation benefits prior to the enforcement of the amended Pneumoconiosis Prevention Act.

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