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(영문) 서울행정법원 2016.08.18 2016구단50382
진폐위로금차액부지급처분취소
Text

1. On December 17, 2015, the disposition that the Defendant rendered against the Plaintiffs on December 17, 2015 on the difference of bereaved family consolation benefits shall be revoked.

2...

Reasons

1. Details of disposition;

A. 1) Plaintiff A’s spouse net D worked as a mining source at Honaman Development Co., Ltd. The network D was determined on October 11, 2001 as pneumoconiosis Type 1 (1/1) and was treated as pulmonary tuberculosis for pneumoconiosis mergers, and died on September 14, 2014.

On February 4, 2004, the Network E was judged as pneumoconiosis Type 1 (1/1) disease type, and was treated as a pneumoconiosis-compacting witness, and died on October 21, 2012.

3) The Plaintiff C’s spouse netF worked as a mining source at Honam Coal Development Co., Ltd. on March 11, 2004. The deceased F was determined as pneumoconiosis Type 1 (1/1) and died on August 5, 2013. (B) The Defendant paid the Plaintiffs with pneumoconiosis consolation benefits pursuant to Articles 24 and 25 of the Act on the Prevention of Pneumoconiosis and Protection, etc. of Pneumoconiosis Workers (amended by Act No. 10304, May 2010; hereinafter “Revised Pneumoconiosis Act”), and the Plaintiffs paid the Defendant with pneumoconiosis consolation benefits pursuant to Article 5 of the Addenda of the amended Pneumoconiosis Act (hereinafter “the deceased”) on the ground that the deceased’s bereaved family members did not receive pneumoconiosis consolation benefits prior to the enforcement of this Act, and thus, the Defendant should pay the difference between the deceased’s bereaved family members and the deceased’s survivors’ survivors’ survivors’ consolation benefits pursuant to the former Pneumoconiosis Act (amended by Act No. 10305, May 20, 2010).

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