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

A. The Coal Industry Rationalization Project Association is a corporation established under Article 31 of the former Coal Industry Act (amended by Act No. 7552 of May 31, 2005) and carried out coal mine closure countermeasure projects, such as payment of disaster compensation benefits.

The defendant was established pursuant to Article 31 of the Mining Damage Prevention and Restoration Act, enacted by Act No. 7551 on May 31, 2005, and succeeded to all the rights and obligations of the Coal Industry Rationalization Project Association pursuant to Article 3 (2) of the Addenda to the above Act.

B. From December 15, 1975 to June 30, 1993, the Plaintiff worked as the mine part in Bhutane for about 17 years and six months. On July 24, 1989, C Hospital was diagnosed by Chue-type Nos. 1 (1/1) and cardiopulmonary function (F0), and Bhue was abandoned on December 20, 1993.

C. Following the amendment of the Enforcement Rule of the Industrial Accident Compensation Insurance Act on July 1, 2003, the disability grade of pneumoconiosis type 1 and the conditions of cardiopulmonary function (F0) was changed from the amendment to the 13th grade. On October 21, 2010, the Plaintiff received the diagnosis of the above pneumoconiosis type and cardiopulmonary function as above in the East Sea Hospital, and received the determination of disability grade 13 from the Korea Workers' Compensation and Welfare Service on May 25, 201, and received the payment of lump sum KRW 11,150,360 as the lump sum of KRW 11,150,360 on the ground of lump sum of the pneumoconiosis type 1,150,050 on April 2, 2013.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3, the purport of whole pleadings

2. The plaintiff's assertion and judgment

A. According to Article 41(3)5 of the former Enforcement Decree of the Coal Industry Act (wholly amended by Presidential Decree No. 14092, Dec. 31, 1993; hereinafter “former Enforcement Decree of the Coal Industry Act”), among the mine closure countermeasure expenses, disaster consolation benefits out of the mine closure countermeasure expenses are paid to “a person whose disability grade has not been determined as of the date of the mine closure regardless of the period of the occurrence of a disaster.”

The plaintiff is diagnosed with pneumoconiosis type 1 (1/1) and cardiopulmonary function (F0) prior to the date of mine closure.