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(영문) 서울행정법원 2016.09.22 2016구합54657
재해위로금지급청구
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On May 8, 1989, Plaintiff A was diagnosed with pneumoconiosis on September 12, 2005, and received 10,073,690 won as lump-sum disability compensation benefits under the Industrial Accident Compensation Insurance Act from Korea Workers’ Compensation and Welfare Service, after having been diagnosed as pneumoconiosis on September 12, 2005.

The nuclear mining center was closed on August 17, 1989.

B. Plaintiff B was diagnosed as pneumoconiosis on July 22, 2005 after his retirement on September 22, 1995, and was paid KRW 7,675,220 as lump-sum disability compensation benefits on November 22, 2005 by the Korea Workers’ Compensation and Welfare Service under the Industrial Accident Compensation Insurance Act.

On September 22, 1995, the Samsan coal mine was closed.

C. The plaintiff C was diagnosed as pneumoconiosis on December 20, 2005 after his retirement on February 29, 1992, and was paid KRW 7,349,640 as lump-sum disability compensation benefits on May 25, 2006 by the Korea Workers’ Compensation and Welfare Service under the Industrial Accident Compensation Insurance Act.

The above mining center was closed on February 29, 1992. D.

Plaintiff

D was diagnosed as pneumoconiosis on January 27, 2006 after retirement on May 1, 1993, and received KRW 7,588,750 as lump-sum disability compensation on June 22, 2006, after receiving the disability grade of Grade 13 under the Industrial Accident Compensation Insurance Act from the Korea Workers' Compensation and Welfare Service.

On August 13, 1993, the Suman Mining Center was closed.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 to 4 (including branch numbers), the purport of the whole pleadings

2. The former Enforcement Decree of the Coal Industry Act (amended by Presidential Decree No. 16380, Jun. 8, 1999; hereinafter “former Enforcement Decree of the Coal Industry Act”) does not limit the period of accident in cases where the disability grade is not determined as of the closing date of the mine. Thus, even if an occupational accident as of the closing date did not occur, it is subject to accident compensation benefits.

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