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(영문) 서울행정법원 2017.04.21 2016구합84092
진폐위로금차액부지급처분취소
Text

1. On September 12, 2016, the Defendant’s disposition of paying the difference between pneumoconiosis survivors’ consolation benefits to the Plaintiffs is revoked.

2...

Reasons

1. Details of the disposition;

A. The network D (hereinafter “the network”) served as the mining source from April 11, 1989 to April 30, 1990 at the Young Industrial Co., Ltd. E Mining Complex, and from August 20, 197 to January 18, 1999, F respectively.

On June 24, 2008, the Deceased was diagnosed as "Type 1 (1/0) and a merger certificate" by G Hospital on the same day, and was approved by the Defendant around that time.

The Deceased shall be for the same year.

8. From April 201, the medical care benefits and others were paid, and died on December 19, 2014.

The plaintiffs are children of the deceased.

B. Articles 24(1)3, 4(4), (5), and 25(3) of the former Act on the Prevention of Pneumoconiosis and the Protection, etc. of Workers from Pneumoconiosis (amended by Act No. 10304, May 20, 201; hereinafter “former Pneumoconiosis Prevention Act”) require bereaved family members to pay “bereaved family consolation benefits” if a worker dies due to pneumoconiosis as in the deceased’s case. However, the amount is set at an amount equivalent to 60/100 of the lump-sum survivors’ compensation benefits.

However, Articles 24(1)2, 24(3), 24(4), and 25(2) of the Pneumoconiosis Prevention Act (amended by Act No. 10304, May 20, 2010; hereinafter “Amended Pneumoconiosis Prevention Act”) require bereaved family members to pay “mining benefits for pneumoconiosis” if a worker dies due to pneumoconiosis. The amount of pneumoconiosis consolation benefits is determined by multiplying the average wage by the number of days of payment by pneumoconiosis grade according to [Attachment 2] under the amended Pneumoconiosis Prevention Act.

C. Under the premise that the amended Pneumoconiosis Prevention Act is applied to the Deceased, the Defendant paid pneumoconiosis disaster consolation benefits to the Plaintiffs, who are bereaved families of the Deceased, pursuant to Articles 24(1)2, 24(3), 24(4), and 25(2) [Attachment 2] of the amended Pneumoconiosis Prevention Act.

Since the plaintiffs were diagnosed with Type 1 pneumoconiosis type prior to the enforcement of the Pneumoconiosis Prevention Act by the deceased, the defendant is "Annexed to the Act on the Prevention of Pneumoconiosis (hereinafter referred to as the "Revision to the Act on the Prevention of Pneumoconiosis")", the defendant is "Supplementary to the Act on the Prevention of Pneumoconiosis (hereinafter referred to as the "Revised Pneumoconiosis Prevention").

Gu in accordance with Article 5.

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