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(영문) 부산고등법원 2015.05.20 2014누22755
평균임금정정및보험급여차액부지급처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. B, the husband of the Plaintiff, from December 1, 1983 to September 30, 1989, worked as the husband of the Plaintiff, from January 5, 1990 to February 13, 199, as the body of coal in D, and from October 26, 1995 to November 12, 1995, as the body of the Plaintiff’s husband, from the body of coal in C from January 5, 199 to February 13, 199.

B. On February 14, 2002, as a result of the precise diagnosis of pneumoconiosis, B was confirmed to be one-half of pneumoconiosis type and one-half of cardiopulmonary function F1 (judicial disability), and was determined to be class 7 subparag. 5 of the disability grade (hereinafter “instant occupational disease”), and thereafter received medical care with the Defendant’s approval, and died on June 15, 2013.

C. At the time of D’s retirement, the Defendant determined KRW 61,384.10 as the first average wage under the Industrial Accident Compensation Insurance Act, which is an amount calculated by increasing or decreasing the pneumoconiosis by February 14, 2002, based on average wage at the time of D’s retirement.

The Plaintiff asserted that the amount of increase and decrease of the average wage should be the basic average wage for the insurance benefits based on the retirement day in the mountain, mountain, and mountain, mountain, and mountain, and mountain, which is a place of business where B was finally engaged.

E. Accordingly, the Defendant on November 19, 2013, and period of service, working environment, and outline of harm to the Plaintiff.

In light of the degree of exposure, D's non-approval disposition on the "request for the difference in average wages and insurance benefits" was made for the reason that D's high connection with the occurrence of disease compared to the mountain mountain area construction industry.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3 (including branch numbers), Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. At the time of the occurrence of pneumoconiosis B by the Plaintiff’s assertion, the workplace to which the occupational disease occurred is the mountain field construction industry where B last worked in a dust-surgy workplace, and is the defendant’s internal office work rules.

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