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. From August 13, 1990 to April 24, 1991, the Plaintiff worked at C Mining Center operating coal coal mining (hereinafter “instant mining center”). The instant mining center was closed on September 6, 1991.

B. On April 24, 1986 and December 5, 1988, the Plaintiff was diagnosed with pneumoconiosis (type 1) prior to the work of the mining center of this case, but did not receive a disability grade. After the closure of the mining center of this case, the Plaintiff was diagnosed with pneumoconiosis (type 2) on October 20, 1993, and was granted disability grade 11. On December 9, 1993, the Plaintiff was paid disability benefits of KRW 5,201,380 in lump sum by the Korea Labor Welfare Corporation.

C. The Plaintiff received a diagnosis of pneumoconiosis (type 4) around 2007, and was judged as class 5 grade 9 of the disability grade. On April 18, 2007, the Plaintiff received a disability pension equivalent to 46,705,900 won in a lump sum of disability benefits from the Korea Workers' Compensation and Welfare Service.

The defendant (the former Mining Damage Prevention Group) succeeded to the rights and duties of the coal industry rationalization project team under Article 31 of the former Coal Industry Act (amended by Act No. 4754 of March 24, 1994; hereinafter referred to as the "former Coal Industry Act") as a corporation established to efficiently conduct the mining damage prevention based on Article 31 of the Mining Damage Prevention and Restoration Act.

(hereinafter referred to as “Defendant” without distinguishing between the Coal Industry Rationalization Business Association and the Defendant, and all of them are “Defendants”). [Grounds for recognition] without dispute, each entry in Gap evidence Nos. 1 through 5, and the purport of the whole pleadings.

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff was diagnosed before the closing date of the mine in this case and caused the aggravation of the above pneumoconiosis after the closing date, and the disability grade became final and conclusive, and accordingly, the former Coal Industry Act which was enforced as of the closing date, and the former Enforcement Decree of the Coal Industry Act (amended by Presidential Decree No. 13870, Mar. 6, 1993; hereinafter "former Enforcement Decree of the Coal Industry Act") Article 41 (3) 5 of the former Enforcement Decree of the Coal Industry Act.