Plaintiff 1 and two others (Law Firm Han, Attorneys Cho Young-chul et al., Counsel for the plaintiff-appellant)

Korea Mine Reclamation Corporation (Attorney Kim Jong-tae, Counsel for the plaintiff-appellant)

July 27, 2018

1. The Defendant shall pay to Plaintiff 1 78,302,663, respectively, 5% interest per annum from July 28, 2018 to September 7, 2018, and 15% per annum from the next day to the day of full payment.

2. The costs of the lawsuit are assessed against the defendant.

3. Paragraph 1 can be provisionally executed.

The same shall apply to orders and notes 1.

1. Basic facts

A. The coal industry rationalization project team established under Article 31 of the former Coal Industry Act (amended by Act No. 7552 of May 31, 2005) carried out the coal mine mine mine mine closure countermeasure project, such as payment of disaster compensation benefits, and the defendant was established under Article 31 of the Mining Damage Prevention and Restoration Act (amended by Act No. 7551 of May 31, 2005) and succeeded to all the rights and obligations of the coal industry rationalization project team under Article 3 (2) of the Addenda of the above Act.

B. On September 5, 1989, ○○ Mining Development Corporation, ○○○ Mining Development Corporation, which is a mine subject to the support of mine closure countermeasure expenses for the mine closure countermeasure projects carried out by the Coal Industry Rationalization Business under the Coal Industry Act (hereinafter “the mine center in this case”), was closed, and the deceased Nonparty (hereinafter “the deceased”) was working as a mining source belonging to the coal department in the instant mining center. On June 1, 1989, the deceased Nonparty retired from the mining center in this case and received payment of KRW 7,718,360 (including disaster compensation) from the instant mining center around that time.

C. Meanwhile, the Deceased was diagnosed with pneumoconiosis on October 27, 1982, and was determined by the Korea Workers’ Compensation & Welfare Service as a disability grade No. 11 subparag. 9 under the Industrial Accident Compensation Insurance Act, and the payment of KRW 2,053,90 for lump-sum disability compensation was determined on July 6, 1983.

D. After the diagnosis of pneumoconiosis on September 27, 1984, the Deceased was diagnosed respectively as “type 2/2 of pneumoconiosis disease type,” “type 1/2, cardiopulmonary function pulmonary function, F0 (Abnormal) as a result of the precise diagnosis of pneumoconiosis on July 22, 1996,” “type 2/2, cardiopulmonary function pulmonary function, F0 (Abnormal)” as a result of the precise diagnosis of pneumoconiosis on October 30, 200, “type 2/2, f1/2, and thropulmonary function” as a result of the precise diagnosis of pneumoconiosis on December 4, 2007, and as a result, on January 15, 2009, the Deceased was diagnosed as pneumoconiosis under the diagnosis of “type 2/2, cardiopulmonary function, pulmonary function pulmonary function, f1/2 (Minor disorder),” and died under the diagnosis of pneumoconiosis on April 21, 209.

마. 망인의 배우자인 원고 1의 신청에 따라 망인의 장해등급은 위 2009. 1. 15.자 진폐정밀진단 결과를 토대로 2018. 7.경 제7급 제15호로 상향되었고, 원고 1은 망인의 사망 당시 산업재해보상보험법 제62조 제2항 별표 2 에 따라 장해등급 제7급의 장해보상일시금으로 평균임금의 616일분에서 기존에 받은 장해등급 제11급의 장해보상일시금인 평균임금의 220일분을 뺀 396일분 53,833,250원(≒ 135,942원 57전 × 396일)을 지급받았다.

F. The deceased’s heir is the Plaintiff 2 and 3, who are the children of the Plaintiff 1 and the deceased. The Plaintiff 1 is recognized as having caused the death of the deceased from pneumoconiosis and received 50% of the bereaved family’s benefits as a lump sum survivors’ compensation beneficiary, and the remainder is paid as survivors’ compensation. This is, at the time of the deceased’s death, converted into the full lump sum survivors’ compensation benefits as prescribed in the attached Table 3 of Article 62(2) of the Industrial Accident Compensation Insurance Act (i.e., average wage of 146,39 won x 1,300 days x 1,300 days at the time of the deceased’s death (hereinafter “instant lump sum survivors’ compensation benefits”). The former Coal Industry Act (amended by Act No. 4324, Jan. 14, 191; hereinafter “former Coal Industry Act”); Article 39-3 of the Enforcement Decree of the former Coal Industry Act (amended by Presidential Decree No. 13658, Apr. 16, 199, 190).

[Reasons for Recognition] Unsatisfy, Gap evidence 2 through 6, 8, 9, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The parties' assertion

1) The plaintiffs

On January 209, the deceased was judged as Grade 11 of the disability grade due to occupational accidents due to the occurrence of pneumoconiosis while working at the mining center of this case, and the above disability grade was increased to Grade 7 according to the result of the precise diagnosis of pneumoconiosis around January 2009. Therefore, the deceased falls under the “person whose disability grade has not been determined as of the closing day regardless of the period of the occurrence of the accident,” who is the beneficiary of the above accident compensation benefits under the latter part of Article 41(3)4 of the former Enforcement Decree of the Coal Industry Act, and thus, the defendant should pay to the plaintiffs, the heir of the deceased, who is the beneficiary of the above accident compensation benefits of this case, the amount equivalent to each share of the total

2) Defendant

In the latter part of Article 41(3)4 of the former Enforcement Decree of the Coal Industry Act, "a person whose disability grade is not determined as of the date of closure of a mine regardless of the period of occurrence of a disaster" refers to a worker who suffers from an occupational accident while employed in the mine in which the mine is closed. Since the Deceased was diagnosed before February 1, 1983, which began to work in the mining center of this case, it cannot be deemed that the pneumoconiosis was caused in the mining center of this case, and thus, it does not constitute the subject of disaster consolation benefits under the above provision.

B. Relevant statutes

It is as shown in the attached Form.

(c) Markets:

1) Requirements for payment of disaster consolation benefits

The mine mine closure countermeasure cost is a subsidy to help retired workers, who have formed a living relationship and social relationship, including the occupation, as the base before the mine mine is closed, with a view to helping them easily adapt to the living environment to be newly opened due to the mine's mine closure. In particular, in light of the demand and supply of domestic coal, continuing coal without considering the situation of the demand and supply of coal in Korea is not considered desirable for the balanced development of the national economy (see Supreme Court Decision 98Du12598 delivered on January 26, 199). In light of social security level for retired workers who will suffer from special difficulties in the field of industry, etc. due to the disaster occurred in the mine, the compensation for accident compensation has the character of providing additional payment to the ordinary accident compensation (see Supreme Court Decision 98Du12598 delivered on January 26, 199).

In this regard, Article 39-3 (1) 4 of the former Coal Industry Act provides that when a coal mining business operator who meets the criteria as provided in Article 39-2 (1) has completed the registration of extinction of the mining right concerned, the coal industry rationalization business team shall pay the dismissed workers, coal mining business operators, etc. of the mine concerned and other mine closure countermeasure expenses as prescribed by the Presidential Decree, and Article 41 (3) 4 of the former Enforcement Decree of the Coal Industry Act, based on the above provision, provides that one of the "other mine closure countermeasure expenses as prescribed by the Presidential Decree" as one of the "other mine closure countermeasure expenses as prescribed by the Presidential Decree" shall be provided for the payment of disaster consolation money, and the person who suffered occupational accidents within one year retroactively from the closing date, whose disability grade has been determined as of the closing date, or whose disability grade has not been determined as of the closing date, shall pay the same

2) Whether the obligation to pay disaster consolation benefits arises

A) Whether the Deceased caused an occupational accident during the instant mining center’s work

In light of the overall purport of the arguments in Gap evidence Nos. 1, 5, 6, and 10 and Eul evidence Nos. 1, the documents of "the confirmation issued by the defendant on Jan. 30, 2013 and the details of payment of mine closure countermeasure expenses for each worker" to the deceased held by the defendant are written in the mining center of this case from February 1, 1983 to June 1, 1989. The insurance benefit register for the deceased is written in the name of the workplace, "○○ Mining Development Co., Ltd., Ltd.," the date of employment, and "Health Management Card for the plaintiff," and "the period working for the above workplace was stated as "from Jun. 1, 1978 to May 30, 1989", and the facts that the deceased had been found to have been found to have been located in the mining center of this case as the place of residence reported to the deceased on Jul. 1, 1975 to 197.

In light of the above facts and the overall purport of the arguments, the deceased's health care card for the deceased and the Insurance Benefits Register of the Industrial Accident Compensation Insurance and the Pneumoconiosis Workers' Health Care Card are as follows: (i) from October 27, 1982 to the Mining Center of this case from around 1977 to 1978, which was diagnosed for the first pneumoconiosis; (ii) since the deceased's relocation from the Gangwon-gu, Gangwon-do, to the address located in the Chungcheongnam-gun, the deceased reported on July 26, 1975, it supports the above statements by maintaining his resident registration domicile within 00-Gun until the closure of the mining center of this case; (iii) The "Health Care Card for Workers" is reasonable to view that the records of the deceased's personal records were recorded from 197 days before the former Pneumoconiosis and the Enforcement Rules of the Act on the Prevention of Pneumoconiosis and Protection, etc. of Workers from Pneumoconiosis (amended by Ordinance of the Ministry of Labor No. 108, Mar. 19, 1996).

B) Whether the deceased constitutes “a person whose disability grade is not determined as of the date of closure”

Article 41 (3) 4 of the Enforcement Decree of the former Coal Act provides that "a person whose disability grade is not determined as of the date of closure of a disaster, regardless of the period of occurrence of a disaster" includes a person who is subject to additional medical care due to the occurrence of a recurrence of first medical care, the physical disability grade of the person who was determined accordingly, and the person who received the corresponding accident compensation benefits after the date of closure of the mine or the occurrence of a recurrence of the pertinent injury or a merger certificate due to the pertinent injury (see Supreme Court Decision 98Du12598 delivered on January 26, 199, etc.).

In this case, the deceased was diagnosed on October 27, 1982, when he worked as a mining source of the coal mine in the Mining Center of this case, and was determined by the Korea Workers' Compensation & Welfare Service on or around July 6, 1983 as the first pneumoconiosis grade No. 11 subparagraph 9 under the Industrial Accident Compensation Insurance Act, and received lump-sum disability compensation payment pursuant thereto on or around September 6, 1983. The deceased was diagnosed as 2/2 of pneumoconiosis type as the result of the intensive pneumoconiosis diagnosis on September 27, 1984. After that, the deceased was diagnosed as 2/2 of pneumoconiosis type, F1(h), f1(h), and 7th grade of the deceased's disability grade as of January 15, 2009. The deceased's disability grade was determined as 7th grade of the deceased's first time after the diagnosis of the first pneumoconiosis grade as of July 15, 2018.

C) Conclusion

Ultimately, as prescribed by Article 39-3(1)4 of the former Coal Industry Act and Article 41(3)4 of the former Enforcement Decree of the Coal Industry Act, the Defendant is obligated to pay disaster compensation equivalent to the lump-sum disability compensation or lump-sum survivors' compensation benefits to the deceased, who is a retired worker of the mining site of this case. Since the deceased died on February 22, 201, the above accident compensation benefits were reverted to the deceased, and were inherited to the Plaintiffs, who are their successors, according to their respective shares of inheritance.

3) Calculation of disaster consolation benefits

The amount of lump-sum disability compensation benefits in this case is KRW 83,740,623, and the facts as seen earlier are as follows. Thus, the defendant is obligated to pay 117,453,95 won to the plaintiff 1 according to his share of inheritance [( KRW 83,740,623 + KRW 190,318,700 + KRW 3/7,000] x Plaintiff 2 and the plaintiff 3, who are their children [Article 78,302,63 won [Article 83,740,623 + KRW 190,318,700 + KRW 2/7,700] x annual damages for delay calculated from the following day of each lawsuit to the day of July 28, 2018.

3. Conclusion

Therefore, the plaintiffs' claim against the defendant of this case is justified, and all of them are accepted, and it is so decided as per Disposition.

(attached Form omitted)

Judges Kim Yong-chul (Presiding Judge)

Note 1) The claim amount of Plaintiff 2 and Plaintiff 3 stated as “78,302,664 won” respectively in the application form for amendment of the purport of the instant claim and the cause of the claim, but this is deemed as a clerical error in each “78,302,663 won.”