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1. On November 19, 2013, the Defendant’s disposition to correct the average wage and the disposition to pay the difference in the insurance benefits, which the Plaintiff rendered, shall be revoked.
2.
Reasons
1. Details of the disposition;
A. B, the husband of the Plaintiff, from December 1, 1983 to September 30, 1989, worked as the husband of the Plaintiff, from January 5, 1990 to February 13, 199, as the body of coal in D, and from October 26, 1995 to November 12, 1995, as the body of the Plaintiff’s husband, from the body of coal in C from January 5, 199 to February 13, 199.
B. On February 14, 2002, as a result of the precise diagnosis of pneumoconiosis, B was confirmed to be 1/2 of pneumoconiosis type and F1 of cardiopulmonary function, and was judged to be 7 grade 5 of the disability grade. Since then, B was receiving medical care with the Defendant’s approval, and died on June 15, 2013.
C. At the time of D’s retirement, the Defendant determined KRW 61,384.10 as the first average wage under the Industrial Accident Compensation Insurance Act, which is an amount calculated by increasing or decreasing the pneumoconiosis by February 14, 2002, based on average wage at the time of D’s retirement.
The plaintiff asserted that the amount of increase and decrease of the average wage should be the basic average wage for the insurance benefits based on the retirement date of the mountain mountain field construction industry, which is not D, and filed an application for correction of the average wage and payment of the difference in the insurance benefits
E. Accordingly, the Defendant on November 19, 2013, and period of service, working environment, and outline of harm to the Plaintiff.
Considering the degree of exposure, D's disposition of non-approval of the difference in average wages and insurance benefits(hereinafter referred to as the "disposition of this case") was made on the ground that D's high connection with the occurrence of disease compared to the mountain mountain field construction industry.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3 (including branch numbers), Eul evidence Nos. 2 and 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. At the time of the Plaintiff’s assertion B’s occurrence of pneumoconiosis, the workplace to which the occupational disease was applied is the mountain, mountain and mountain field construction industry in which B last worked at a dust-off workplace, and the Defendant’s internal work rules (2007-31) work period is also the guidelines for determining the workplace to which the occupational disease was applied.