1. The judgment of the first instance court, including the claims extended in the trial, shall be modified as follows:

Defendant (1) The Plaintiff.

1. The reasons why this Court has used this part of the basic facts are as stated in Paragraph 1 of the first instance judgment, except that it considers “ September 30, 1977” as “ June 20, 1978,” which read “Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.” As such, this Court cited this part in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. An entry in the attached Form of relevant Acts and subordinate statutes;

3. Plaintiffs A, B, C, D, and E (hereinafter “Plaintiff A, etc.”)

determination as to the claim

A. In a case where the Plaintiff, etc. was subject to the determination of a disability grade because the pneumoconiosis was returned to the pneumoconiosis before the date of the Plaintiff’s assertion, but the medical care was provided due to the failure to fix the symptoms even after the date of the mine closure, and died due to the pneumoconiosis, the disability grade at the time of the mine closure shall be deemed to have been in a state where the disability grade was not determined. In such a case, it shall be deemed to constitute “a person whose disability grade is not determined as of the date of the mine closure regardless of the period of the occurrence of a disaster,” as prescribed in Article 41(3)5 of the former Enforcement Decree of the Coal Industry Act (amended by Presidential Decree

As the deceased K was refunded to pneumoconiosis before the date of the mine closure and was judged as the 11th grade of the pneumoconiosis and died after receiving the determination of the 11th grade of the pneumoconiosis, it constitutes “a person whose disability grade has not been determined as of the date of the mine closure regardless of the period of the occurrence of a disaster” under Article 41(3)5 of the Enforcement Decree of the above Act.

Therefore, the defendant is obligated to pay the plaintiff A, etc. disaster consolation money equivalent to the lump sum lump sum survivors' compensation and lump sum survivors' compensation.

B. The judgment net K received the judgment of disability grade 11 (type 2 of pneumoconiosis disease type, Type 2 of cardiopulmonary function F0) before the closing date. The disability grade was changed or cancelled thereafter, the disability grade due to pneumoconiosis symptoms is determined according to pneumoconiosis type and cardiopulmonary function. There is no evidence to deem that the pneumoconiosis type and cardiopulmonary function have deteriorated before the death of the network K.