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(영문) 서울행정법원 2018.06.29 2017구합80912
위로금등 지급결정 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On October 5, 2015, the Plaintiff filed an application with the Defendant for the payment of consolation benefits under the Special Act on the Assistance to Mine Victims (hereinafter “The Trust Victims Act”), along with the background behind “the Plaintiff sustained injury from mine accidents, etc. and the arms due to mine accidents, etc. on April 18, 1971, when he was under the age of 32.”

B. Article 4(1)2(b) of the Trust Victims Act provides that the monthly average wage, which serves as the basis for the calculation of disability compensation benefits, shall be the monthly salary, actual monthly income, or average wage at the time of receiving the award. Article 4(6) of the same Act provides that where the consolation benefits calculated based on the above basis do not reach KRW 20 million, the amount of consolation benefits may be adjusted and paid, as prescribed by Presidential Decree, to the extent that does not exceed KRW 20 million.

C. On June 21, 2016, the Working Committee for Determination of a disability grade belonging to the Defendant deliberated and decided on the Plaintiff’s disability grade 11, disability rating 12, and medical allowances of KRW 80,000 for the Plaintiff.

On June 26, 2017, the Defendant recognized the Plaintiff as a victim of a mine accident, and deliberated on and decided to pay the sum of KRW 7,422,00,000 for consolation money and medical allowances.

(hereinafter “instant disposition”). The details of calculation of consolation money and medical subsidies for the Plaintiff are as follows:

[Consolation benefits under Article 4 (1) of the Trust Victim Act] Interest on disability consolation benefits: 1,006,65 [the average monthly wage of 24,181 won (average wage according to the wage investigation report by job type in 1971) x 0.2 (Labor Capacity Loss Rate) x 0.2 (Labor Capacity Loss Rate) : 2,326,379 [the principal] [1,006,65 won x 46.22 (the period from the date of the accident to the date of payment decision)] x 0.05 [the period from the date of payment decision] 3,33,034 won (=the amount adjusted under Article 4 (6) of the Trust Victim Act ] The principal of 20,000,000,000 won x 20,000 won x 40,000 won x 20,160-4, 160-4, 260-4, etc.

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