1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On October 5, 2010, the Defendant was diagnosed as pneumoconiosis and received a precise diagnosis from December 27, 2010 to December 31, 2010, and as a result, the Defendant was determined as “mick-type 1/0, P/S, and cardiopulmonary function F0 (normal)” and the Plaintiff notified the Defendant of class 13 of disability on February 24, 201.

B. On March 24, 201, pursuant to Articles 24(3) and 25(2) of the Act on the Prevention of Pneumoconiosis and the Protection, etc. of Workers from Pneumoconiosis (amended by Act No. 10304, May 20, 2010; hereinafter the same shall apply), the Plaintiff paid the Defendant with pneumoconiosis accident consolation benefits of 22,307,790 won (average wage of 215 days) pursuant to Article 24(3) and 25(2) of the amended Act.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3, Eul's 1 and 4, the purport of the whole pleadings

2. Determination:

A. The amended provisions of Articles 24 and 25 of the Pneumoconiosis Prevention Act, which are the provisions on the Plaintiff’s claim for pneumoconiosis consolation benefits, apply to a person who first causes for the payment of pneumoconiosis consolation benefits after this Act enters into force (Article 2 of the Addenda of the Pneumoconiosis Prevention Act), and a person who first causes for the payment of pneumoconiosis consolation benefits after the enforcement of the Pneumoconiosis Prevention Act refers to a person who first undergoes pneumoconiosis diagnosis after the enforcement of the amended Pneumoconiosis Prevention Act, i.e., a person who was issued a diagnosis or opinion of pneumoconiosis.

Since the defendant received the first diagnosis of pneumoconiosis on October 5, 2010, the amended Pneumoconiosis Prevention Act does not apply, and the former Pneumoconiosis Prevention Act applies.

Therefore, the defendant shall pay disability consolation benefits under the former Pneumoconiosis in cases where a worker, who was subject to disability benefits under the Industrial Accident Compensation Insurance Act due to pneumoconiosis, retires, or his/her retired worker becomes subject to disability benefits under the Industrial Accident Compensation Insurance Act due to pneumoconiosis (Article 24(3) of the former Pneumoconiosis Prevention Act), and on the basis of average wages at the time of retirement of the worker