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1. The defendant shall pay to the plaintiff A KRW 20,00,000, and KRW 2,000,000 for each of the plaintiff B and C, and KRW 30,000 for the plaintiff D, and the plaintiff E.
Reasons
1. Basic facts
A. The defendant was established on February 23, 197 and was operated as a factory producing asbestos products such as asbestos company, asbestos capture, asbestos tape, asbestos street, etc. (hereinafter “instant asbestos factory”), which was closed on March 26, 1990 and transferred to Yangsan and produced asbestos products from the end of 2006.
(B) The defendant was established under the name of "Seoul Chemical Co., Ltd." and changed to the trade name as of December 29, 199.
Plaintiff
A and D, on January 24, 2017 and January 10, 2017, respectively, were diagnosed as “asbestos and other optical fiberss’ pneumoconiosis” at the Busan National University Hospital. On November 17, 2016, Plaintiff H was diagnosed as “waste-to-popary copary copical cancer” which is a kind of pulmonary cancer at the Gatoo University Seoul National University Hospital.
C. Around July 14, 2017 under the Industrial Accident Compensation Insurance Act and the Enforcement Decree of the same Act, the president of the Korea Workers’ Compensation and Welfare Service notified the Plaintiff of the determination of the disability grade 13-16 (persons with Type 1 pneumoconiosis diseases caused by asbestos and other optical fibers) of the Plaintiff’s “asbestos and other optical fibres” and the Plaintiff D notified the Plaintiff of the determination of the disability grade 16 (persons with Type 1 or 2 with the injury caused by the “asbestos and other optical fibres’s pneumoconiosis” on the same day. On June 28, 2017, the Plaintiff notified the Plaintiff of the determination of the disability grade 11-16 (persons with Type 2, 3, or 4 with the cardiopulmonary function as well as minor disabilities in the cardiopulmonary function). The Plaintiff’s notification of the determination of the disability grade of the Plaintiff’s “Opary cell cancer’s asbestos product concentration in the course of performing his/her duties at the Defendant’s asbestos production facility,” and thus, constitutes an end cell cancer.
Plaintiff
B and C are children of each plaintiff A.
Plaintiff
E is the wife of the plaintiff D, and the children of the plaintiff F and G are the children of each plaintiff D.
Plaintiff
I and J are children of each plaintiff H.
E. Plaintiff H H.