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

A. From August 1, 1962, to August 1, 1969, the Plaintiff engaged in dusty work at the Gu Salary Mining Center.

B. The Plaintiff underwent a precise diagnosis of pneumoconiosis from November 14, 201 to November 18, 2011. As a result, the Plaintiff was determined to be subject to medical care with pneumoconiosis-type “medical symptoms”, “normally (F0), and “surgical pulmonary tuberculosis”, and the Plaintiff received medical care benefits from Boan Hospital from January 2, 2012.

C. On June 26, 2013, the Plaintiff filed a claim for the payment of pneumoconiosis compensation annuities with the Defendant (the Plaintiff asserted that the payment of temporary layoff benefits was also claimed, but no evidence exists to acknowledge it), and on the ground that “the Plaintiff is confirmed to have not received a disability grade and does not constitute a subject of pneumoconiosis compensation annuities” (hereinafter “instant disposition”).

【Facts without dispute over the grounds for recognition, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. (1) The fact that the Plaintiff’s assertion (1) lack of pneumoconiosis-type symptoms does not fall under the criteria for pneumoconiosis disability grades under attached Table 11-2 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”) is omitted in the process of enacting the said Enforcement Decree.

Therefore, not Article 91-3 of the Industrial Accident Compensation Act, but Article 52 of the Industrial Accident Compensation Act, which is a general provision, the Plaintiff should pay temporary layoff benefits for the period during which the Plaintiff was unable to find employment

If Article 52 of the Industrial Accident Compensation Act is not applicable to the Plaintiff, Article 91-3 of the Industrial Accident Compensation Act shall be applied, but a pneumoconiosis compensation annuity shall be paid, which is the sum of pneumoconiosis disability pension falling under class 13 of the Enforcement Decree of the Industrial Accident Compensation Act and the basic pension, by applying mutatis mutandis class 13 of the pneumoconiosis disability grade under attached Table

(2) Article 91-3 of the Industrial Accident Compensation Act does not stipulate that the pneumoconiosis type of pneumoconiosis is excluded from the payment of basic pensions for a witness. Therefore, the basic pension out of the pneumoconiosis compensation annuity should be paid to the Plaintiff.

(iii).