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(영문) 서울행정법원 2018.03.22 2016구합71577
재해위로금지급청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. From January 3, 1978 to October 26, 1991, the Plaintiff’s husband’s deceased B (hereinafter “the deceased”) worked as the mining department at D Mining Center (hereinafter “instant mining center”). The instant mining center was closed on February 12, 1991 after filing an application for confirmation under Article 42-2(1) of the former Enforcement Decree of the Coal Industry Act (amended by Presidential Decree No. 14092, Dec. 31, 1993; hereinafter “former Enforcement Decree of the Coal Industry Act”).

B. Around September 8, 1980, the Deceased was diagnosed as “type 2/2 of pneumoconiosis disease type.” Around July 20, 1981, the Deceased was determined to receive medical care for the above pneumoconiosis. From that time, the Deceased was given medical care to the same hospital and F hospital, etc., and was approved as an industrial accident injury disease for the lung cancer around October 2005. Around March 14, 2006, the Deceased died from the death of the two direct death, i.e., the intermediate event, “waste cancer”, and ii) pneumoconiosis.

C. On December 17, 1981, the Deceased was determined by the Korea Labor Welfare Corporation as disability grade 11 with respect to the above pneumoconiosis, and was paid KRW 1,801,228 as disability benefits.

On April 25, 2006, the Plaintiff was determined to pay survivors' benefits as it is deemed that the death of the deceased was caused by pneumoconiosis work at the mining center of the instant case, and was determined to pay survivors' benefits. Under Article 43(2) and attached Table 2 of the former Industrial Accident Compensation Insurance Act (amended by Act No. 8373, Apr. 11, 2007; hereinafter “former Industrial Accident Compensation Insurance Act”), the lump-sum survivors' benefits were paid as survivors' compensation benefits, calculated as KRW 119,848,280 (average wage of KRW 92,190, KRW 99, KRW 1300, KRW 90; hereinafter “instant lump-sum survivors’ compensation benefits”).

E. On March 2015, the Plaintiff is a disaster compensation under Article 39-3(1)4 of the former Coal Industry Act (amended by Act No. 4754, Mar. 24, 1994; hereinafter “former Coal Industry Act”) and Article 41(3)5 of the Enforcement Decree of the former Coal Industry Act.

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