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(영문) 서울행정법원 2018.01.24 2017구단76954
장해위로금부지급처분취소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs are children of the deceased F (G students, death on June 11, 2015, hereinafter “the deceased”) and the deceased were working in the same coal industry company (hereinafter “instant workplace”).

B. On May 30, 1989, the Deceased was diagnosed as the first pneumoconiosis and diagnosed as a result of a close diagnosis, and was determined as class 1 of the pneumoconiosis disability as class, and on April 25, 2007 as class 3 of the pneumoconiosis disability.

C. On October 1, 2007, the Deceased received a disability pension falling under Grade III of the pneumoconiosis disability (applicable period from March 1, 2007) upon filing a claim for disability compensation with the Defendant. The Deceased was changed to pay disability compensation for a worker under Article 24(1)2 of the former Act on the Prevention of Pneumoconiosis at the time and Protection, etc. of Workers from Pneumoconiosis (amended by Act No. 10304, May 20, 2010; hereinafter the same shall apply) (the Act on the Prevention of Pneumoconiosis and Protection, etc. of Workers from Pneumoconiosis, amended by Act No. 10304, May 20, 2010; hereinafter the same shall apply) and the Act on the Protection, etc. of Workers from Pneumoconiosis, which was amended by Act No. 10304, the Deceased did not request for the payment of pneumoconiosis consolation benefits to the Defendant before the enforcement of the former Act.

On June 9, 2015, the Deceased filed an application with the Defendant for the payment of pneumoconiosis injury consolation benefits on the ground that he/she was subjected to the third grade decision of the pneumoconiosis disability. The Defendant filed an application with the Defendant for the payment of pneumoconiosis injury consolation benefits under the Pneumoconiosis Act.

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