1. On January 20, 2016, the Defendant’s disposition to revoke the “work site pay for pneumoconiosis survivors’ consolation benefits” against the Plaintiff is revoked.

2...

Around November 15, 2003, the details and details of the disposition B (her husband of the Plaintiff) was diagnosed as “mick-type disease type: 2/1, and complication: B/1,” and was determined by the Defendant as eligible for pneumoconiosis care in the precise diagnosis of pneumoconiosis around November 15, 2003, and died as “mick-type and small cell lung cancer” on October 12, 2012 while receiving medical care from the Defendant.

(B) On November 22, 2013, the Defendant recognized that the deceased’s death caused by pneumoconiosis and complication falls under Article 24(1)2 of the Act on the Prevention of Pneumoconiosis and the Protection, etc. of Pneumoconiosis Workers (hereinafter “ Pneumoconiosis Prevention Act”), and paid KRW 30,198,170 to the Plaintiff, a bereaved family member of the deceased, as pneumoconiosis consolation benefits.

On December 30, 2015, the Plaintiff filed a claim with the Defendant for the payment of pneumoconiosis survivors’ consolation benefits. However, on January 20, 2016, the Defendant rendered a decision on “the site price for pneumoconiosis survivors’ consolation benefits” on the following grounds:

(2) Article 57 of the Industrial Accident Compensation Insurance Act provides that "If a worker suffers from an injury or a disease due to an occupational reason and has a physical disability, etc., the disability benefits shall be paid to the worker," and Article 5 of the Addenda of the Pneumoconiosis Prevention Act provides that "if a worker who received disability compensation before this Act enters into force (including a person whose cause for payment occurred before this Act enters into force) dies due to pneumoconiosis, bereaved family consolation benefits shall be paid to the worker pursuant to the previous provisions." Since the decedent died while receiving medical treatment with the approval of medical care for pneumoconiosis on October 1, 2003, the decedent died after the treatment was completed, it cannot be deemed that the disability compensation benefits under the former pneumoconiosis prevention method or meets the requirements for the payment of disability consolation benefits, it cannot be deemed that the disability benefits was paid pursuant to the previous provision of Article 5 of the Addenda of the Pneumoconiosis Prevention Act."