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(영문) 서울행정법원 2018.06.08 2017구합73532
재해위로금지급청구
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The coal industry rationalization project team established under Article 31 of the former Coal Industry Act (amended by Act No. 7552 of May 31, 2005) carried out the coal mine mine mine closure countermeasure project, such as the payment of disaster compensation benefits.

The defendant (the former Mining Damage Prevention Association) was established on May 31, 2005 pursuant to Article 31 of the Mining Damage Prevention and Restoration Act, which was enacted by Act No. 7551 on May 31, 2005, and succeeded to all the rights and obligations of the Coal Industry Rationalization Project Association pursuant to Article 3 (2) of the Addenda of the

B. According to the ledger of the insurance benefits for the deceased B (CB, hereinafter “the deceased”), the deceased stated that from May 1, 1973 to May 12, 1974, the deceased worked as the part of the F (F (hereinafter “1 coal mine of this case”) from D (D) coal mine to the ethic acid, from June 1975 to June 197, the deceased worked as the ethic acid, and from June 18, 197 to December 18, 1982, the deceased worked as the ethic acid.

C. On September 11, 1985, the Deceased was diagnosed with pneumoconiosis and was determined by the 11st degree of disability by the Korea Labor Welfare Corporation. The first diagnosis date of the above pneumoconiosis is July 25, 1985.

From August 7, 1986, to May 1, 1989, the deceased worked as the parts of the G coal mine (hereinafter “the second coal mine of this case”) and worked as the parts of the H coal mine from May 3, 1989 to May 1, 1993 (hereinafter “the third coal mine of this case”).

The second coal mines of this case were closed on June 20, 1989, and the third coal mines of this case were closed on July 10, 1993.

E. The second and third mines of this case are mines eligible for the support of mine closure under the Coal Industry Act, but the first coal mine of this case is not the mines eligible for the support of mine closure.

F. On January 11, 2015, the Deceased died, and the Plaintiff, the spouse of the Deceased, requested the Defendant to pay disaster compensation benefits under the Coal Industry Act on March 7, 2016, but the Defendant did not pay the above disaster compensation benefits up to the present day.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1, 2 and 5, and arguments.

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