2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

A. On December 31, 1986, the Plaintiff’s husband’s husband’s net G (hereinafter “the deceased”) had the ability to engage in dusty work at the J Mining Center, and on December 31, 1986, the pneumoconiosis type was determined as one type (1/1), normal (F0), and complicationic tuberculosis (tbba) due to a complication. The Plaintiff’s husband’s husband’s husband’s death was determined as the result of the review and received medical care benefits until he/she died on May 8, 2014.

B. On March 28, 2016, the Plaintiff filed a claim for unpaid insurance benefits (pension benefits) against the deceased’s pneumoconiosis. Accordingly, on April 7, 2016, the Defendant rendered a site-based payment disposition (hereinafter “previous disposition”) on the ground that “In the event the deceased continues to receive medical care until his/her death after receiving the decision of medical care through the precise diagnosis and received the injury-disease compensation annuity, the deceased’s injury-disease’s body is not subject to disability benefits to be paid in the event the deceased’s body remains after recovering the disease.”

C. On July 4, 2017, the Defendant issued a new disposition of disability benefits (hereinafter “instant disposition”) upon ex officio revocation of the previous disposition on July 4, 2017, on the ground that “not only the extinctive prescription of a right to claim disability benefits has expired but also the deceased fell short of the disability grade at the time of being diagnosed as pneumoconiosis-type 1 type on December 31, 1986 according to the disability grade standard at the time of being diagnosed as pneumoconiosis-type 1 type” (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 3-2, Gap evidence 4, Eul evidence 2 and 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”) which was enforced at the time the Plaintiff’s assertion was conducted prior to the death of the deceased, and the Enforcement Decree and Enforcement Rule thereof did not have a disability grade standard corresponding to the deceased. However, the Enforcement Rule of the Industrial Accident Insurance Act on July 1, 2003 is applicable.