2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. On October 1, 2010, the Defendant received the first diagnosis with pneumoconiosis and received the close diagnosis from January 17, 201 to January 21, 201, and was judged as “a person with pneumoconiosis Type I” as a result of the close diagnosis.

B. The Defendant received the determination of grade 13 16 from the Plaintiff on March 21, 201, and received the average wage of KRW 21,180,650 (215/10) from the Plaintiff pursuant to Article 24(1)2 of the Act on the Prevention of Pneumoconiosis and the Protection, etc. of Pneumoconiosis Workers (amended by Act No. 10304, May 20, 2010; hereinafter “ Pneumoconiosis Prevention Act”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The “the first diagnosis date” in the case of a disease-related disaster, which is not an accident, such as the Plaintiff’s assertion of pneumoconiosis, shall be deemed the date of the disaster. Since the Defendant was diagnosed with pneumoconiosis on October 1, 2010 before the enforcement date of the amended Pneumoconiosis Prevention Act, the date of the accident is October 1, 2010, the above diagnosis date.

Therefore, even though disability consolation benefits to be paid to the defendant pursuant to Article 25 of the former Pneumoconiosis Prevention Act (amended by Act No. 10304, May 20, 2010; hereinafter “former Pneumoconiosis Prevention Act”) which was in force as of the date of the above disaster, are 5,851,70 won [=98,514.68 (average wage) x 99 days x 60%], the plaintiff paid 21,180,650 won by applying the amended pneumoconiosis forecast method by mistake. Thus, 15,328,880 won, which is the difference, falls under the case where 15,328,880 won, and the defendant should return to the plaintiff 15,328,880 won as unjust enrichment.

3. Determination

A. Article 24 of the former Pneumoconiosis Prevention Act provides that the types of pneumoconiosis consolation benefits shall be divided into “work transition allowances, disability consolation benefits, and bereaved family consolation benefits” (Article 1 of the former Pneumoconiosis). (Article 24 of the former Pneumoconiosis Prevention Act provides that disability consolation benefits shall be paid according to the Industrial Accident Compensation Insurance Act due to pneumoconiosis.