[1] Whether, under Article 41 (3) 4 of the former Enforcement Decree of the Coal Industry Act, the first medical care is terminated to the “person whose disability grade is not determined as of the date of the closure of a disaster, regardless of the period of the occurrence of a disaster,” and the corresponding physical disability grade was determined accordingly, the relevant injury or disease occurred after the date of the closure of a mine or due to the occurrence of a merger certificate caused by the relevant injury or disease, and whether the amount of disaster compensation benefits to be paid in such case includes the re-employed worker who received the additional medical care

[2] In a case where an employee whose disability grade became final and conclusive due to occupational accidents in a closed mine due to pneumoconiosis, died after November 21, 2010, which was the enforcement date of the Industrial Accident Compensation Insurance Act amended by Act No. 10305, May 20, 2010, and thus his/her bereaved family was paid non-bereaved’s survivors’ compensation benefits, whether the employee is eligible for payment of disaster compensation benefits under Article 41(3)5 of the Enforcement Decree of the former Coal Industry Act (affirmative)

[1] Article 39-3 (1) 4 of the former Coal Industry Act (amended by Act No. 4541 of March 6, 1993); Article 41 (3) 5 (see current Article 41 (4) 5) of the former Enforcement Decree of the Coal Industry Act (amended by Presidential Decree No. 13870 of March 6, 1993) / [2] Article 41 (3) 5 (see current Article 41 (4) 5) of the former Enforcement Decree of the Coal Industry Act (amended by Presidential Decree No. 13870 of March 6, 1993); Articles 36 (1), 91-3, and 91-4 of the Industrial Accident Compensation Insurance Act

[1] Supreme Court Decision 98Du12598 Decided January 26, 199 (Gong1999Sang, 381) Supreme Court Decision 2001Du9592 Decided March 29, 2002 (Gong2002Sang, 1027) Supreme Court Decision 2017Du69830 Decided July 25, 2019 (Gong2019Ha, 1678)

Plaintiff (Attorney Lee Jae-hee et al., Counsel for plaintiff-appellant)

Korea Mine Reclamation Corporation

Seoul High Court Decision 2019Nu45663 decided November 28, 2019

The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. Case summary and key issue

A. According to the reasoning of the lower judgment, the following circumstances are revealed.

(1) From November 1, 1986 to July 1, 1991, the deceased Nonparty (hereinafter “the deceased”) worked as an coal mine source in ○○ Mining Center (hereinafter “instant mining center”). The instant mining center was closed on September 6, 1991.

(2) On June 9, 1987, the Deceased was diagnosed as “2/2 type of pneumoconiosis and F0” while working in the instant mining center, and was judged as Grade 11 of the disability grade under the Industrial Accident Compensation Insurance Act, and was paid KRW 3,110,540 for lump-sum disability compensation benefits on January 22, 198.

(3) On March 2, 2005, after the mine closure of the instant mining center, the Deceased was judged as “4A type of pneumoconiosis disease, F1/2,” and accordingly, paid KRW 15,295,80 for lump-sum disability compensation benefits on July 8, 2005.

(4) On July 3, 2006, the Deceased was judged as “4A type of pneumoconiosis and F1” and accordingly, was raised to Grade 5 of the disability grade, and was paid a disability compensation annuity pursuant to Grade 5 of the disability grade since July 21, 2008.

(5) Where the Industrial Accident Compensation Insurance Act was amended by Act No. 10305 on May 20, 2010 (hereinafter “Revised Industrial Accident Insurance Act”), the Industrial Accident Compensation Insurance Act did not pay temporary layoff benefits, disability benefits, survivors’ benefits, injury-disease compensation annuities, and the pneumoconiosis compensation annuities and pneumoconiosis survivors’ annuities (Articles 36(1), 91-3, and 91-4).

(6) On June 18, 2016, the Deceased died due to pneumoconiosis. The Plaintiff’s spouse, as the deceased’s spouse, is receiving the pneumoconiosis survivors’ annuity under the amended Industrial Accident Insurance Act from July 25, 2016.

(7) On July 13, 2017, the Defendant paid 102,370,940 won (=18,406,340 won for lump-sum disability compensation benefits received by the Plaintiff under the above paragraphs (2) and (3) + the amount calculated by converting the disability compensation annuity under the above paragraph (4) into the lump-sum disability compensation annuity under Article 83,964,60 won (the “93,964,600 won” of the judgment of first instance cited by the lower court) as the amount equivalent to the lump-sum disability compensation benefits received by the deceased before his/her birth, which should have been paid by the deceased before his/her birth, to the Plaintiff.

B. The key issue of the instant case is whether a bereaved family member entitled to the “ pneumoconiosis survivors’ pension” under the amended Industrial Accident Insurance Act is eligible for the payment of disaster compensation benefits equivalent to the lump-sum survivors’ compensation benefits under the instant provision.

2. Relevant provisions and legal principles

A. Article 39-3 (1) of the former Coal Industry Act (amended by Act No. 4541 of Mar. 6, 1993) provides that "if a coal mining business operator of a mine subject to the payment of mine closure countermeasure expenses has completed the registration of extinction of the relevant mining right, mining concession right, or continuing operation right, the coal industry rationalization business entity shall pay the following amounts to the retired workers, coal mining business operators, etc. of the mine in question as mine closure countermeasure expenses," and subparagraph 4 of the above provision provides that "other mine closure countermeasure expenses as prescribed by the Presidential Decree" shall be paid to those who suffered occupational accidents within one year retroactively from the mine closure date, whose disability grade has not been determined as of the closure date, or whose disability grade has not been determined as of the closure date, regardless of the period of the closure, the disaster compensation benefits shall be the same amount as the lump-sum disability compensation benefits under Article 9-5 (1) of the Industrial Accident Compensation Insurance Act or the lump-sum survivors' compensation benefits under Article 9-6 (1) of the same Act."

B. As part of the mine closure countermeasure expenses, the disaster compensation benefits paid to the workers suffering from occupational accidents in the closed mine is characterized by the consolation benefits paid in addition to the ordinary accident compensation in a social security level to the workers suffering from special difficulties such as occupational accidents, in light of the demand and supply of domestic coal, who are not considered desirable for the balanced development of the national economy, in closing coal mines without economic feasibility that are not considered desirable for the balanced development of the national economy (see Supreme Court Decision 2001Du9592, Mar. 29, 2002).

Pneumoconiosis is a representative occupational accident that may occur to workers of the coal mining center. Even if it is impossible to completely recover due to modern medicine and left the workplace where dust has occurred, it is difficult to predict the progress (see Supreme Court Decision 98Du5149, Jun. 22, 199). In addition, if pneumoconiosis is caused, multiple mergers are exposed to pneumoconiosis, and medical care benefits are mainly paid for treatment of pneumoconiosis. Considering the characteristics of pneumoconiosis, the issue of whether the pneumoconiosis symptoms that occurred before the closing date are immediately given the disability grade or is gradually aggravated and then the disability grade is determined to be determined after the closing date (see Supreme Court Decision 2017Du69830, Jul. 25, 2019; 2017Du69830, Jul. 25, 2019; 2019Du98169, Feb. 9, 2019).

3. Whether the bereaved family members who receive the pneumoconiosis survivors' pension are entitled to the payment of disaster consolation benefits;

In full view of the contents of relevant regulations and the legislative purpose of the accident compensation benefits paid as part of the mine closure countermeasure expenses based on the characteristics of pneumoconiosis, even if a worker whose disability grade has been determined was “after November 21, 2010, which was the enforcement date of the amended Industrial Accident Compensation Insurance Act” and who received a pneumoconiosis survivors’ benefits other than survivors’ benefits (bereaved’ compensation annuity or lump-sum survivors’ compensation benefits), it shall be deemed as eligible for the payment of disaster compensation benefits under the instant provisions. The specific reasons are as follows.

A. The instant provision provides that “disaster consolation money paid to ..................” in the latter part, “in this case, the amount of disaster consolation money shall be the same as that of ...........” As such, the first sentence is the provision regarding “persons subject to payment (requirements for payment)” and the second sentence is the provision regarding “standards for calculating the amount of disaster consolation money

At the time of the enactment of the latter part of the provision of this case, both workers and their bereaved family members who were judged as disability grades due to occupational accidents in a closed mine due to the failure to introduce the pneumoconiosis compensation annuity and the pneumoconiosis survivors’ annuity system, were or could have received both lump-sum disability compensation benefits and lump-sum survivors’ benefits. Therefore, in order to facilitate the calculation of the amount of accident compensation benefits, the latter part of the provision of this case to the effect that the payment of accident compensation benefits should be made only when the lump-sum disability compensation benefits or lump-sum survivors’ compensation benefits were received.

B. Disability benefits and survivors’ benefits under the former Industrial Accident Compensation Insurance Act (amended by Act No. 10305, May 20, 2010; hereinafter “former Industrial Accident Insurance Act”) and pneumoconiosis compensation annuities and pneumoconiosis survivors’ annuities under the amended Industrial Accident Compensation Insurance Act are insurance benefits paid to “worker determined by the disability grade due to pneumoconiosis” and “bereaved who died due to pneumoconiosis,” and only the name, amount, and method of payment of insurance benefits was changed. Since the criteria for determining the degree of pneumoconiosis and cardiopulmonary function and the degree of disability grade are the same, if the same water supply disability grade is the same, there is no difference in the degree of disability caused by pneumoconiosis (see Articles 57(2), 91-8(1) and (2), 91-8(1) and (2), and attached Table 38(1) [Attachment Table 1] of the Enforcement Decree of the Industrial Accident Insurance Act.

C. Whether a pneumoconiosis certificate that occurred before the date of the closure of a mine would have been determined as a disability grade prior to the enforcement date of the amended Industrial Accident Insurance Act, and whether a person would be entitled to receive a pneumoconiosis compensation annuity due to the determination of a disability grade after the enforcement date of the amended Industrial Accident Insurance Act, is merely a sudden situation depending on the acceleration of pneumoconiosis symptoms difficult to predict. Furthermore, whether a worker would receive a “bereaved’s benefits prior to the enforcement date of the amended Industrial Accident Insurance Act” and whether the worker would receive a “bereaved’s survivors’ benefits” or “Death after the enforcement date of the amended Industrial Accident Insurance Act” is merely a sudden situation depending on the acceleration of pneumoconiosis symptoms.

D. The purpose of the amended Industrial Accident Insurance Act is to enhance the equity of compensation among pneumoconiosis workers and contribute to the stabilization of the livelihood of pneumoconiosis workers. It is difficult to find out the legislative intent to refuse to pay disaster compensation benefits under the Coal Industry Act to the “worker receiving the pneumoconiosis compensation annuity” and “bereaved family members receiving the pneumoconiosis survivors’ annuity. Rather, it is clearly stated that Article 41(4)5(a) of the Enforcement Decree of the Coal Industry Act (amended by Presidential Decree No. 25831, Dec. 9, 2014) explicitly excludes “where it is recognized as an occupational accident due to pneumoconiosis pursuant to Article 91-2 of the Industrial Accident Compensation Insurance Act” from the subject of the payment of disaster compensation benefits, the purport of the amended Industrial Accident Compensation Insurance Act explicitly prescribes that the “worker receiving the pneumoconiosis compensation annuity” and “bereaved family members receiving the pneumoconiosis survivors’ annuity should be paid as disaster compensation benefits under the Coal Industry Act.

E. If the payment of disaster consolation benefits differs depending on whether the benefits received by an employee is a disability benefit, or whether the payment of the disaster consolation benefits is made, unreasonable results arise that the payment of disaster consolation benefits varies depending on the amount of benefits actually paid.

Article 2(2) of the Addenda to the amended Industrial Accident Insurance Act provides that “If a person receiving a disability compensation annuity due to pneumoconiosis changes after the enforcement of this Act, if the amount of disability compensation annuity calculated pursuant to the previous provisions exceeds the amount of pneumoconiosis compensation benefits calculated pursuant to the previous provisions, the amount of disability compensation annuity shall be continuously paid pursuant to the previous provisions.” However, if it is deemed that only the amount of disability compensation annuity is paid pursuant to the previous provisions, the amount of disability compensation annuity shall be the subject of accident compensation benefits only if the person receiving the disability compensation annuity is paid, the amount of disability compensation annuity shall be equal to the amount of the disability compensation annuity, even though the disability grade was raised after November 21, 2010, when the amount of the disability compensation annuity was higher than the amount of pneumoconiosis compensation annuity, any worker receiving the disability compensation annuity may receive the accident compensation annuity, and any worker receiving the pneumoconiosis compensation annuity due to the increase in the amount of the

F. Article 57(2) [Attachment 2] of the Industrial Accident Insurance Act and the criteria for the calculation of lump-sum survivors’ compensation benefits under the same Act for a person who receives pneumoconiosis compensation annuities and pneumoconiosis survivors’ annuities, are applied mutatis mutandis to the calculation of the amount of accident compensation benefits by analogy of the criteria for the calculation of lump-sum survivors’ compensation benefits under the same Act (Article 57(2) [Attachment 2] and the criteria for lump-sum survivors’ compensation benefits (Article 62(2) [Attachment 3]. In practice, the Industrial Accident Insurance Act provides for the method of calculating the amount calculated by applying the criteria for the calculation of lump-sum survivors’ compensation benefits or lump-sum survivors’ compensation benefits, as in cases of special disability benefits or special survivors’ benefits, for a person who receives pneumoconiosis compensation annuities or pneumoconiosis survivors’ benefits (Article 78 and

Even if there are some differences in the amount of benefits between “the case of receiving pneumoconiosis compensation annuities and pneumoconiosis survivors’ benefits” under the amended Industrial Accident Insurance Act and “the case of receiving disability benefits and survivors’ benefits” under the former Industrial Accident Insurance Act, the purport and nature of the system differs. As such, the Industrial Accident Compensation Insurance Act and the insurance benefits under the Industrial Accident Insurance Act differ in the purport and nature of the system. Therefore, regardless of the increase or decrease of the amount of insurance benefits therefrom, it cannot be deemed that the payment of disaster compensation benefits under the Coal Industry Act is contrary to equity by applying the same standard as before.

4. Determination as to the instant case

A. Examining the aforementioned facts in light of the aforementioned legal principles, the following determination is possible.

(1) On July 3, 2006, after the closure of a mine due to occupational accidents in the instant mining center, the Deceased was finally determined at grade 5 of the disability grade. Accordingly, the Deceased’s death due to pneumoconiosis on June 18, 2016, constitutes the subject of the payment of disaster compensation benefits under the proviso to the instant provision. As the Deceased died on June 18, 2016, the Plaintiff, a spouse of the Deceased, constitutes the subject of the payment of disaster compensation benefits equivalent to the lump-

(2) The amount of disaster compensation benefits to be paid by the Plaintiff is “the same amount as the lump-sum survivors’ compensation benefits,” according to the latter part of the instant provision, so it may be calculated by applying mutatis mutandis Article 62(2) [Attachment 3] of the amended Industrial Accident Insurance Act to the criteria for calculating the lump-sum survivors’ compensation benefits (1,300 days of average

B. Nevertheless, the lower court determined that, in order to be eligible for the payment of disaster compensation benefits under the former part of the instant provision, not only must the requirements set forth in the former part of the instant provision be met, but also the status to be able to receive “the lump-sum disability compensation or lump-sum lump-sum survivors’ compensation benefits” as prescribed in the latter part of the instant provision, the Plaintiff merely received the pneumoconiosis survivors’ benefits under the amended Industrial Accident Compensation Insurance Act and did not receive the survivors’ benefits, did not constitute the subject of the payment of disaster compensation benefits under the instant provision. In so determining, the lower court erred by misapprehending the legal doctrine on the subject of the payment of

5. Conclusion

Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Jong-hee (Presiding Justice)