As such, Article 42(1) of the former Enforcement Decree of the Coal Industry Act provides that “A person who has served for not less than three months in the relevant mine as of the date of application for confirmation as to whether a mine is eligible for the payment of mine closure countermeasure expenses under Article 39-3(1)4 of the Act (hereinafter “the date of application for confirmation”) in accordance with the nature of the mine closure countermeasure expenses, such as disaster consolation money to support workers who have retired from the mine due to mine closure, and the purport of the support policy.”

In full view of the language and structure of the relevant statutes, the nature of the mine closure countermeasure expenses and the purport of the system, in order for a retired worker to receive disaster compensation benefits, which are one of the mine closure countermeasure expenses, the relevant mine as of the date of application for confirmation pursuant to Article 42(1) of the former Enforcement Decree of the Coal Industry Act should be in service for at least three months. Therefore, even if he/she has been employed for at least three months prior to the date of application for confirmation, a person who has already retired regardless of the mine closure before the date of application for

1. A. Article 39-3(1) of the former Coal Industry Act (amended by Act No. 8400 of Apr. 27, 2007) provides that when a coal mining business operator of a mine that meets the mining standards subject to mine closure support pursuant to Article 39-2(1) has completed the registration of extinction of the mining right, he/she shall pay the following amount to the retired workers, coal mining business operators, etc. of the mine, and subparagraph 4 of Article 39-3(4) provides that “other mine closure countermeasure expenses as prescribed by the Presidential Decree” shall be determined by the Presidential Decree. Furthermore, the above Article 39-3(4) provides for matters necessary for the subject, scope, payment procedure, etc. of the

According to delegation, Article 41(3)5 of the former Enforcement Decree of the Coal Industry Act (amended by Presidential Decree No. 14092, Dec. 31, 1993) provides that “A person who suffers from occupational accidents within a certain period of time and whose disability grade has not been determined as of the date of the closure of a mine, or who has not been determined as of the date of the closure of a mine regardless of the period of the occurrence of a disaster, shall be paid as the expenses for mine closure. In addition, Article 41(4)5 of the former Enforcement Decree of the Coal Industry Act (amended by Presidential Decree No. 2035, Oct. 31, 2007; hereinafter referred to as the “former Enforcement Decree of the Coal Industry Act”) provides that “A person who suffered from occupational accidents within a certain period of time and whose disability grade has not been determined as of the date of the closure of a mine or whose disability grade has not been determined as of the date of the closure of a mine as one of the expenses for health care benefits for workers who applied for retirement.”

As above, the disaster compensation benefits paid to the retired worker is a subsidy granted on a national policy basis to the retired worker who will suffer special difficulties in the field of industry due to the mine's death after retirement due to the mine's mine's mine's mine's mine's mine's mine's mine's mine's mine's mine's balanced development of national economy (see Supreme Court Decision 97Nu5046, Dec. 23, 1998, etc.).

As such, Article 42(1) of the former Enforcement Decree of the Coal Industry Act provides that “A person who has served for not less than three months in the relevant mine as of the date of application for confirmation as to whether a mine is eligible for the payment of mine closure countermeasure expenses under Article 39-3(1)4 of the former Enforcement Decree of the Mining Industry Act (hereinafter “the date of application for confirmation”) in accordance with the nature of the mine closure countermeasure expenses such as disaster consolation money to support workers who have retired due to mine closure and the purport of the support policy.”

B. In full view of the language and text of such relevant statutes, structure, nature of the mine closure countermeasure expenses and the purport of the system, in order for a retired worker to receive disaster compensation benefits, which are one of the mine closure countermeasure expenses, the relevant mine as of the date of application for confirmation pursuant to Article 42(1) of the former Enforcement Decree of the Coal Industry Act should be in service for not less than three months. Therefore, even if he/she has been in office for not less than three months prior to the date of application for confirmation, a person who has already retired regardless of the mine closure expenses before

2. The lower court determined that the deceased was not eligible for disaster compensation benefits pursuant to Article 42(1) of the former Enforcement Decree of the Coal Industry Act, since it is difficult to view that the deceased was working for at least three months as of the date of application for each confirmation at any place where the two mining stations and the private mining centers are mobilized by the deceased.

Such determination by the lower court is acceptable as it is in accordance with the relevant statutes and legal principles as seen earlier, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal principles on the interpretation and application of Articles 41 and 42 of the Enforcement Decree of the former

3. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim So-young (Presiding Justice)