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(영문) 서울고등법원 2017.03.29 2016누36453
재해위로금 지급 청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for admitting the judgment of the court of first instance, which the plaintiff appealed in the court of first instance asserted in the court of first instance, are not significantly different from the contents of the plaintiff's assertion in the court of first instance, and the facts established and determined in the court of first instance in full view of the purport

Therefore, the reasoning of this court concerning this case is the same as the reasoning of the judgment of the court of first instance, except for the addition of the following judgments, and thus, it is accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The Plaintiff asserts that the deceased’s additional determination constitutes “a person whose disability grade has not been determined as of the date of the closure of a mine regardless of the period of the occurrence of a disaster” as prescribed by the Enforcement Decree of Article 1, since he was diagnosed as pneumoconiosis on May 27, 1989, prior to the date of closure

As seen earlier, “a person whose disability grade is not determined as of the date of closure of a mine regardless of the period of occurrence of a disaster” under the Enforcement Decree of Article 1 shall be deemed as a person whose disability grade was not determined as of the date of closure of a mine. The fact that the deceased was diagnosed on August 18, 200 after the date of closure of a mine is recognized as having received diagnosis of pneumoconiosis on August 18, 200, but the records of evidence Nos. 6 and 7, and the fact that the deceased was diagnosed on May 27, 1989, which was before the date of closure of a mine, and the fact that the deceased was diagnosed on May 27, 1989 by fact-finding with the president of the Korea Labor Welfare Corporation and the Korea Labor Welfare Corporation at the time

Furthermore, even if the deceased was diagnosed as pneumoconiosis before the date of the closure of a mine, considering the fact that the pneumoconiosis was registered in the insurance benefit register as an occupational accident, such as the pneumoconiosis, and does not constitute an occupational accident that can receive disability benefits, the fact that the deceased was diagnosed as the pneumoconiosis symptoms cannot be deemed to have caused the occupational disease prior to the date of the closure of a mine.

Therefore, this part of the plaintiff's assertion is justified.

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