1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following two, and thus, the same shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Judgment of the court of first instance 3.B.

The following is added at the end of paragraph (5) of the same Article. The Supreme Court Decision 96Nu16056 Decided May 7, 1997 (Supreme Court Decision 96Nu16056 Decided May 7, 1997) rendered by the Defendant differs from the case concerning ordinary injury and disease in this case concerning pneumoconiosis. With respect to pneumoconiosis, the Supreme Court determined that, even before the Industrial Accident Compensation Insurance Act was amended by Act No. 10305 on May 20, 2010, the Supreme Court was unable to completely recover from pneumoconiosis symptoms, while the Supreme Court did not wait for the determination of pneumoconiosis benefits without waiting for the determination of pneumoconiosis disorder due to the characteristics of pneumoconiosis symptoms requiring continuous medical treatment (see, e.g., Supreme Court Decision 98Du5149, Jun. 22, 199). However, in the above case, the Supreme Court did not expressly determine whether disability benefits can be claimed in duplicate without claiming for medical care benefits and disability benefits.

According to the purport of the foregoing precedents, in the case of a general injury or disease, medical care benefits, temporary disability compensation benefits, injury-disease compensation benefits, and disability benefits after the determination of the original symptoms may be paid, but it conflicts with the general principles of the Industrial Accident Compensation Insurance Act because, in the case of a pneumoconiosis, disability benefits may be claimed even before the symptoms have been fixed. In the case of a pneumoconiosis symptoms, ① If a claim for disability benefits is made before the symptoms have been fixed, it would be impossible to receive the medical care benefits, temporary disability compensation benefits, injury-disease compensation benefits, and injury-disease compensation benefits that could have been originally paid from that time, ② If the medical care benefits, temporary disability compensation benefits