The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. Provisions of Acts and subordinate statutes concerning pneumoconiosis consolation benefits;

A. The former Act on the Prevention of Pneumoconiosis and Protection, etc. of Workers with Pneumoconiosis (amended by Act No. 10304, May 20, 2010; hereinafter “former Pneumoconiosis Prevention Act”) requires that disability consolation benefits equivalent to 60% of the amount of lump-sum disability compensation benefits under the Industrial Accident Compensation Insurance Act should be paid in cases where a worker retired or retired from office is entitled to disability benefits under the Industrial Accident Compensation Insurance Act due to pneumoconiosis.

(See Article 24(1)2 and (3), and Article 25(2) of the Act on the Prevention of Pneumoconiosis and the Protection, etc. of Pneumoconiosis Workers (hereinafter “Act on the Prevention of Pneumoconiosis after Amendment”) which was amended by Act No. 10304 on May 20, 2010 and enforced since six months after the enforcement of this Act, provides that the payment of pneumoconiosis consolation benefits calculated by multiplying average wages of workers whose pneumoconiosis grade is determined under the Industrial Accident Compensation Insurance Act by the number of payment days by pneumoconiosis grade (see Article 24(1)2 and (3), and Article 25(2) of the Addenda, and Article 4 of the Addenda provides that “Where any worker who received disability consolation benefits (including workers whose cause for payment occurred before this Act enters into force) before this Act enters into force, the payment of pneumoconiosis consolation benefits shall be made in accordance with the previous provisions.”

After such amendment, Article 4 of the Addenda to the Pneumoconiosis Prevention Act is a transitional provision to the effect that the Pneumoconiosis Prevention Act prior to the enforcement of the amended Act applies to workers who already become entitled to disability consolation benefits, even if their disability grade is changed after the enforcement of the amended Act, and the change of pneumoconiosis disability grade after the enforcement of the amended Act is itself.