1. The Defendant’s disposition to pay disability benefits to the Plaintiffs on February 27, 2017 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

1. Details of the disposition;

A. The deceased C (hereinafter “the deceased”) was a person working as a mining source from October 7, 1962 to December 31, 198 at the Korea Coal Corporation, the Korea Coal Corporation, and received disability benefits after receiving diagnosis of pneumoconiosis symptoms around May 18, 1984 and being judged as class 9 of the pneumoconiosis disability grade.

B. As a result of a close diagnosis on February 21, 2005, the Deceased was diagnosed as pneumoconiosis-type 4 and cardiopulmonary function F3 (high disorders) and died on July 1, 201.

C. On February 21, 2005, the Plaintiffs asserted that, as a bereaved family member of the Deceased, the pneumoconiosis disability grade falls under class 1, and claimed for the payment of unpaid insurance benefits equivalent to the difference with the existing pneumoconiosis grade (Grade 9).

Accordingly, on February 17, 2017, the Defendant rendered a disposition to pay the Plaintiffs’ claim for unpaid insurance benefits (hereinafter “instant disposition”) on the ground that “the deceased is not “the person who had a physical disability after recovery, etc.” as prescribed by the Industrial Accident Compensation Insurance Act, but was dead while receiving medical treatment, and the disability grade cannot be seen as a healing condition, and even if the disability grade can be determined at the time of approval for medical treatment, the extinctive prescription for the claim for pneumoconiosis disability benefits has already been completed (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Whether the disposition is lawful;

A. At the time when the deceased alleged as the plaintiffs suffered from the diagnosis of pneumoconiosis-type 4 type and cardiopulmonary function disorder f3 around February 21, 2005, the deceased could receive disability benefits corresponding to the disability grade 1, and thus, the defendant is illegal to refuse payment on the ground that the deceased was receiving the disability benefits that the deceased would have received.

(b).