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On May 4, 200, as a result of the precise diagnosis of pneumoconiosis, the deceased on November 12, 2014 when he/she was under medical care after being judged "type 1 (1) of pneumoconiosis type 1 (1) and a merger certificate (definite type)".

On January 18, 2016, the Plaintiff, the deceased’s spouse, claimed for the payment of unpaid consolation benefits to the Defendant. The Defendant determined the pneumoconiosis disability grade according to the pneumoconiosis type as 11 at the time of the deceased’s death, and paid KRW 38,721,920 to the Plaintiff on April 20, 2016 pursuant to the Act on the Prevention of Pneumoconiosis amended by Act No. 10304 on May 20, 2010 and the Protection, etc. of Pneumoconiosis Workers (hereinafter “Revised Pneumoconiosis Prevention Act”).

(2) In light of the above legal principles, it is reasonable that the deceased's pneumoconiosis disability grade was determined as class 11 and paid pneumoconiosis injury consolation benefits until the time of death, even if the deceased's medical care was determined as class 11, although there was no dispute, it is merely just that the determination of the pneumoconiosis grade was reserved until the time of treatment for margument, and that disability caused by the deceased's pneumoconiosis type was determined as class 2 before the enforcement of the amended Industrial Accident Compensation Insurance Act (Act No. 10305, May 2010), and that the deceased's margue function was determined as class 11, and that the deceased's margue function was determined as class 2 before the enforcement of the amended Pneumoconiosis Act (amended by Act No. 10305, May 20, 2010); and that the deceased's margue's margue's margue's margue's m.