1. The Defendant’s KRW 106,443,320 as well as 5% per annum from September 7, 2016 to March 30, 2017 to the Plaintiff.

1. Basic facts

A. The Plaintiff is working as a mining source in the Hansung Mining Center.

On February 13, 1991, the retirement of Hansung Mining Center was closed on September 13, 1991.

B. The Plaintiff was diagnosed on January 10, 1983 with pneumoconiosis (type 2/3) and was paid KRW 2,408,360 on May 12, 1983 by the Korea Workers' Compensation and Welfare Service upon determination of grade 11 of the disability grade.

C. After that determination, the Plaintiff received 68,921,620 won for lump-sum disability compensation on July 18, 2005, and received a disability compensation annuity from June 1, 2006 upon the determination of class 3 of the disability grade.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that his disability grade was determined due to the aggravation of pneumoconiosis after working as a mining source in the Hansung Mining Center, and after the closure of the Hansung Mining Center, the Plaintiff constitutes “a person whose disability grade has not been determined as of the date of the closure of a mine regardless of the period of a disaster,” pursuant to Article 39-3(1)4 of the former Coal Industry Act and Article 41(3)5 of the former Enforcement Decree of the Coal Industry Act (amended by Presidential Decree No. 14092, Dec. 31, 1993; hereinafter the same shall apply).

Therefore, the Defendant is obligated to pay the Plaintiff KRW 106,443,320 corresponding to lump-sum disability compensation benefits under the Industrial Accident Compensation Insurance Act, as well as damages for delay.

B. The defendant's alleged coal industry accident compensation benefits under the coal industry law are supported by the person who suffered occupational accidents in the mine subject to mine closure support. Since the plaintiff worked in the Hansung Mining Center from March 2, 1989 after receiving the diagnosis of pneumoconiosis, it does not constitute a person entitled to the payment of disaster compensation benefits.

3. Attached statements to the relevant Acts and subordinate statutes;

4. Under the premise that the Plaintiff was working in the Hansung Mining Center at the time when the Plaintiff was diagnosed for pneumoconiosis for the first time.