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

The plaintiff was diagnosed as pneumoconiosis on August 27, 2003 after he retired from the mining center B as coal scrap from April 17, 1984 to June 1, 1989.

On January 8, 2004, the Plaintiff was recognized as an occupational accident by the Korea Workers' Compensation and Welfare Service, and was paid KRW 21,246,190 as the lump-sum disability compensation benefits under the Industrial Accident Compensation Insurance Act, and thereafter, the Plaintiff was paid KRW 29,481,940 as the difference in the lump-sum disability compensation benefits, as the pneumoconiosis has deteriorated thereafter, and the disability grade was increased to Grade V on December 27, 2005.

On the other hand, B Mining Center closed on September 26, 1989.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and Eul evidence Nos. 1 and the purport of the whole argument, and Article 41 (3) 4 of the former Enforcement Decree of the Coal Industry Act (amended by Presidential Decree No. 13216 of Dec. 31, 190) alleged by the plaintiff as to the plaintiff's assertion that the disability grade is not determined as of the closure date of the mine is not limited to the period of disaster. Thus, even if an occupational accident as of the closure date did not occur, it shall not be deemed that the accident compensation benefits can be excluded from the payment of accident compensation benefits even if the pneumoconiosis occurred after the closure date.

Therefore, the defendant is obligated to pay 50,728,130 won to the plaintiff for disaster consolation benefits equivalent to lump sum disability compensation.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

We examine whether the plaintiff is eligible for disaster consolation benefits under the coal industry-related Acts and subordinate statutes.

Article 39-3 (1) of the former Coal Industry Act (amended by Act No. 4541 of Mar. 6, 1993; hereinafter “former Coal Industry Act”) provides that when a coal mining agent of a mine satisfying certain criteria completes the registration of extinction of a mining right, the Coal Rationalization Business Association shall pay the mine closure countermeasure expenses prescribed in each of the following subparagraphs to the retired workers, etc. of the mine concerned, and subparagraph 4 of the same paragraph shall be applied.