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(영문) 부산지방법원 2018.07.12 2017가합48617
손해배상(기)
Text

1. The defendant,

A. Plaintiff A: KRW 50,00,000, and KRW 5,000,00 for each of them to Plaintiff B, C, and D, and each of them on January 24, 2017.

Reasons

1. Basic facts

A. The defendant was established on February 23, 197 and was operated as a factory producing asbestos products such as asbestos company, asbestos capture, asbestos tape, asbestos street, etc. (hereinafter “instant asbestos factory”), which was closed on March 26, 1990 and transferred to Yangsan and produced asbestos products from the end of 2006.

(B) The defendant was established under the name of "Seoul Chemical Co., Ltd." and changed to the trade name as of December 29, 199.

Plaintiff

A on January 24, 2017, at the Yangsan Busan National University Hospital, diagnosed “the pneumoconiosis caused by asbestos, asbestos, and other optical fibers,” and on August 17, 2016, the network H (hereinafter “the deceased”) was diagnosed as “the severe pulmonary pulmonary disease caused by radiation,” and died on August 15, 2017.

C. On July 5, 2017 under the Industrial Accident Compensation Insurance Act and the Enforcement Decree of the same Act, the president of the Korea Workers’ Compensation and Welfare Service notified the Plaintiff of the determination of the disability grade of class 7 and class 15 (the type of pneumoconiosis is Type 1, Type 2, or 3, and at the same time, light disability remains in cardiopulmonary function) due to the “margum, asbestos, and other optical fibres caused by asbestos” and notified the Plaintiff of the determination that the above disability was occupational disease under Article 37(1)2 of the same Act due to asbestos exposure. On June 28, 2017, the deceased notified the Defendant of the determination that it constitutes occupational disease under Article 37(1) of the same Act on the ground that it is reasonable to deem the above disability as an injury caused by asbestos exposure.

Plaintiff

B, C, and D are children of each plaintiff A.

Plaintiff

E is the mother of the deceased, and Plaintiff F and G are the children of each deceased.

[Reasons for Recognition] Unsatisfy, Gap's 1 to 4, 19, .

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