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(영문) 부산지방법원 2018.11.08 2018가합42746
손해배상(기)
Text

1. The defendant,

A. 20,000,000 won for Plaintiff A, 7,000,000 won for Plaintiff B, and 2,000,000 won for Plaintiff C and D, respectively.

Reasons

1. Basic facts

A. The Defendant was established on February 23, 197, and was operated in Jdong-dong, Busan (which was changed to Jdong-gu, Busan) (hereinafter “instant asbestos factory”), and was closed on March 26, 1990 and transferred to Yangsan and manufactured asbestos products from the end of 2006.

(B) The defendant was established under the name of "L Co., Ltd." and changed to the trade name as of December 29, 199.

1) On November 14, 2016, Plaintiff A was diagnosed as “the pneumoconiosis caused by asbestos and other optical fibres,” and applied for the determination of a disability grade and medical care benefits with the Korea Workers’ Compensation and Welfare Service. On November 24, 2017, the Korea Workers’ Compensation and Welfare Service applied for the determination of the disability grade and medical care benefits with respect to Plaintiff A on the ground that it is reasonable to deem the foregoing disability to be the injury caused by exposure to asbestos (hereinafter “Industrial Accident Insurance Act”).

(2) On December 10, 2017, according to Article 37(1)2 of the Act and the Enforcement Decree of the same Act, the name of the sick was determined as “asbestos and other optical fibres, etc.” and the disability grade was determined as class 16 (type 1) and the above Plaintiff was determined to pay disability benefits of KRW 12,162,060 to the above Plaintiff. (2) On July 10, 2017, Plaintiff E was diagnosed by the Busan National University Hospital of Busan, Busan, for “the pneumoconiosis caused by asbestos and other optical fibers,” and applied for the determination of disability grade and medical care benefits to the Korea Labor Welfare Corporation.

On March 30, 2018, the Korea Workers' Compensation and Welfare Service determines the occupational disease under Article 37(1)2 of the Industrial Accident Insurance Act on the ground that the above disability is an injury or disease caused by exposure to asbestos. On April 3, 2018, the Korea Workers' Compensation and Welfare Service recognizes the injury or disease as "asbestos caused by asbestos and other optical fibres, etc." and recognizes the disability grade as class 3 subparagraph 6 (at the same time, at the time when the injury or disease is deemed as if the disease or disease was at least Grade 1) and recognizes the disability grade as class 3 subparagraph 6 (at the same time, a person with severe disorder in the cardiopulmon

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