1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning for the judgment of the court of first instance regarding this case is as stated in the reasoning for the judgment of the court of first instance, except in the following cases from the third to fourth (b) of the judgment of the court of first instance. Thus, this 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.

Article 2 of the Addenda 1 of the instant case provides that “The amended provisions of Articles 24 and 25 shall apply from the person against whom the cause for payment of pneumoconiosis injury consolation benefits occurred for the first time after this Act enters into force,” and Article 24(3) of the amended Pneumoconiosis Workers Protection Act provides that “Any pneumoconiosis accident consolation benefits shall be paid to a worker whose pneumoconiosis grade is determined by the determination of pneumoconiosis grade under Article 91-8 of the Industrial Accident Compensation Insurance Act,” so there is no room to interpret “the cause for payment” under Article 2 of the Addenda of the instant case as “determination of pneumoconiosis disability grade.”

However, in light of Article 24 of the Act on the Protection of Workers with Pneumoconiosis, Article 91-8 of the Industrial Accident Insurance Act, Article 83-2 of the Enforcement Decree of the Industrial Accident Insurance Act, and Article 3 of the Addenda of the above Enforcement Decree, etc., it is reasonable to view that “reasons for payment” referred to in Article 2 of the Addenda of this case refers to “issuance of a medical certificate or written opinion,” which serves as a ground for determining a pneumoconiosis grade according to the determination

(1) Article 24(3) of the amended Pneumoconiosis Workers Protection Act provides that “A worker whose pneumoconiosis grade is determined shall be paid” and “a worker whose pneumoconiosis grade is determined according to the determination of pneumoconiosis under Article 91-8 of the Industrial Accident Insurance Act shall be paid” without stipulating that “the worker whose pneumoconiosis grade is determined.”

Therefore, the amended Act on the Protection of Pneumoconiosis Workers (amended by Act No. 10305, May 20, 2010; Newly amended by Act No. 10305, May 20, 2010), regardless of the amended Act on the Protection of Pneumoconiosis Workers (amended by Act No. 10305, Dec. 21, 2010).