1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Details of the disposition

On January 6, 1984, the deceased E (hereinafter referred to as the "the deceased") was diagnosed as the type 1 (1) pneumoconiosis symptoms as a result of the precise diagnosis of pneumoconiosis on January 6, 1984, and was diagnosed as a result of the precise diagnosis of pneumoconiosis precision on July 21, 1998, and was diagnosed as an active tuberculosis due to pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary Ma.

From August 25, 1998, the Deceased was hospitalized at F Hospital as pneumoconiosis, and died on January 30, 2012.

The plaintiffs are children of the deceased.

Articles 24 and 25 of the Act on the Prevention of Pneumoconiosis and the Protection, etc. of Pneumoconiosis Workers (amended by Act No. 10304, May 20, 2010; hereinafter “former Pneumoconiosis Prevention Act”) shall require the bereaved family members to pay bereaved family consolation benefits in cases where a worker, like the deceased, dies due to pneumoconiosis; however, the amount was set at an amount equivalent to 60/100 of lump-sum survivors’ compensation benefits.

However, the method of the former pneumoconiosis was amended by Act No. 10304 on May 20, 2010 (hereinafter “Revised Pneumoconiosis Prevention Act”). According to Articles 24 and 25 of the amended Pneumoconiosis Prevention Act, where a worker dies due to pneumoconiosis, his/her bereaved family would be entitled to pay “mining benefits for pneumoconiosis” to his/her bereaved family. The amount of pneumoconiosis consolation benefits multiplied by the average wage by the number of days of payment by pneumoconiosis grade under [Attachment Table 2] of the amended Pneumoconiosis Prevention Act.

On March 30, 2012, under the premise that the amended Pneumoconiosis Prevention Act is applied to the Deceased, the Defendant paid 32,434,460 won for pneumoconiosis consolation benefits (=12,619.67 x 288 days) to the Plaintiffs, who are bereaved families of the Deceased, pursuant to the proviso to Article 24(3) of the Pneumoconiosis Prevention Act and Article 25(2) [Attachment Table 2].

Accordingly, the Plaintiffs against the Defendant on October 9, 2013, “(i)” should be applied not the amended Pneumoconiosis Prevention Act but the former Pneumoconiosis Prevention Act.