The Supreme Court ruled that it was wrong for the Korea Workers' Compensation & Welfare Service (K-COMWEL) to pay compensation to the family of a coal miner who died after being diagnosed with pneumoconiosis based on standards from about 20 years ago. Pneumoconiosis is an illness in which very fine dust particles lodge in the alveoli and harden the lungs, and it is an occupational disease of miners who work in coal mines.
The Supreme Court's Third Division (presiding Justice Lee Suk-yeon) said on the 15th that on Apr. 9 it finalized a lower court ruling in an appeal filed by A and B against the Korea Workers' Compensation & Welfare Service (K-COMWEL), holding that the agency must pay unpaid insurance benefits and consolation money.
A's father worked in a coal mine and was diagnosed in June 2002 with pneumoconiosis at disability grade 13. B's husband worked in a coal mine and was diagnosed in March 1997 with pneumoconiosis at disability grade 11. A's father and B's husband died while receiving treatment for pneumoconiosis and complications.
In March 2019, the Korea Workers' Compensation & Welfare Service (K-COMWEL) decided to pay a lump-sum disability benefit and pneumoconiosis disability consolation money to A's father. In July 2018, it decided to pay a lump-sum disability benefit and pneumoconiosis disability consolation money to B's husband. The amount to be paid is calculated by multiplying the average daily wage by the period set for each pneumoconiosis grade.
However, the Korea Workers' Compensation & Welfare Service (K-COMWEL) applied the average wage based on the date the deceased coal miners were diagnosed with pneumoconiosis, not the date it decided to pay the lump sum and consolation money. In the case of A's father, the amount was calculated based on the average wage of June 2002, not March 2019.
A and B argued that this decision by the Korea Workers' Compensation & Welfare Service (K-COMWEL) was unfair and demanded a recalculation based on the average wage on the payment decision date and payment of the difference. But the agency rejected the claim, saying, "Under the relevant laws and regulations, for a worker suffering from an occupational disease, the average wage must be calculated based on the date the occupational disease is confirmed."
The first trial ruled that the Korea Workers' Compensation & Welfare Service (K-COMWEL) must pay compensation to A's father and B's husband based on the average wage on the payment decision date. The first trial bench said, "Given the time gap between the pneumoconiosis diagnosis date and the payment decision date, if a lump-sum disability benefit and other amounts are calculated based on the average wage at the time of diagnosis, the real value will inevitably decline," adding, "There is a marked need to adjust the average wage to protect them."
The appellate court dismissed the Korea Workers' Compensation & Welfare Service (K-COMWEL)'s appeal. During the proceedings, the agency argued that delaying the application point of the average wage to the payment decision date would increase the required budget by more than 226.6 billion won and adversely affect national finances, but the bench did not accept the claim.
The Supreme Court dismissed the Korea Workers' Compensation & Welfare Service (K-COMWEL)'s appeal, finding that the lower court did not misunderstand the legal principles.