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(영문) 서울행정법원 2017.11.02 2017구합53743
재해위로금지급 청구의 소
Text

1. The Defendant: (a) KRW 50,446,645; (b) Plaintiff B, C, D, and E respectively; and (c) KRW 33,631,098 for each of them on February 23, 2017.

Reasons

1. Facts of recognition;

A. The deceased F (hereinafter “the deceased”) worked in each G Mining Facility from January 11, 1967 to June 30, 1974, from July 14, 197 to July 3, 1982, and from H Mining Facility from June 1, 1983 to June 1, 1989, the deceased’s spouse, Plaintiff B, C, D, and E are the deceased’s children.

B. On February 12, 191, H Mining Center filed an application for confirmation under Article 42-2(1) of the former Enforcement Decree of the Coal Industry Act (amended by Presidential Decree No. 14092, Dec. 31, 1993; hereinafter “former Enforcement Decree of the Coal Industry Act”), and closed on June 1, 1991, and the deceased retired from H Mining Center on the same day.

C. From February 27, 1989 to March 4, 1989, the deceased was determined at Grade 11 in the disability grade on March 27, 1989 as “mick-type 1/1, and cardiopulmonary function F0” as a result of the close diagnosis conducted by the I Hospital from February 27, 1989 to March 4, 1989, and the deceased was determined at Grade 11 in the disability grade from August 9, 1982 to August 14, 1982, but the deceased was determined at the J Hospital to receive “mick-type 1/1, and cardiopulmonary function F0,” but the disability grade was not determined due to disability.

Therefore, Gap evidence No. 1 and No. 5-1 seem to be a clerical error, which seems to have been judged by grade 11 around this time.

From November 17, 1997 to October 22, 1997, the I Hospital was judged to be Grade 11 of the disability grade on November 27, 1997 as the result of the precision diagnosis at the I Hospital as “Type 2 and Grade 0 of the cardiopulmonary function.” From September 17, 2001 to September 22, 2001, the K Hospital was determined to be “mick-type 4A, cardiopulmonary function F0, Mabre (institutional infection),” and the result of the precision diagnosis at the K Hospital as “mick-type 4A, cardiopulmonary function, pulmonary function, Ma Hospital, etc., and was given medical treatment from September 12, 201 to the L Hospital, M Hospital on October 29, 2012, and showed that there was a direct opinion on the pulmonary function at the K Hospital as an organ 3rd mary disease, i.e., death., death., 2013.

The Deceased around October 5, 198.

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