The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. The following provisions of Acts and subordinate statutes concerning compensation, etc. for pneumoconiosis workers shall be as follows:

Article 24 of the former 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”) provides that the types of pneumoconiosis consolation benefits shall be divided into “work transition allowances, disability consolation benefits, and bereaved family consolation benefits” (paragraph (1). Of them, disability consolation benefits shall be paid to “where a worker, who retired or retired, becomes entitled to disability benefits under the Industrial Accident Compensation Insurance Act due to pneumoconiosis, becomes entitled to disability benefits under the Industrial Accident Compensation Insurance Act.”

(3) On the other hand, the Act amended by Act No. 10304 on May 20, 2010 and enforced on November 21, 2010 (hereinafter “Revised Pneumoconiosis Prevention Act”) only provides for “work transition allowances” and “ Pneumoconiosis accident consolation benefits” as the type of pneumoconiosis consolation benefits under Article 24, and the former survivors’ consolation benefits system has been abolished (paragraph (1) and the pneumoconiosis accident consolation benefits are paid to “workers whose pneumoconiosis grade has been determined pursuant to the pneumoconiosis determination under Article 91-8 of the Industrial Accident Compensation Insurance Act” (paragraph (3) and thereafter, Article 25 set the amount payment criteria.

In addition, Article 2 of the Addenda (hereinafter “the Addenda provision of this case”) provides that “The amended provisions of Articles 24 and 25 provide that “the provisions of this case shall apply from the person for whom the cause of payment of pneumoconiosis injury consolation benefits first occurred after this Act enters into force,” under the title “the case where the payment of pneumoconiosis injury consolation benefits is applicable”.

Meanwhile, according to Article 91-8 of the Industrial Accident Compensation Insurance Act (amended by Act No. 10305, May 20, 2010; hereinafter “Revised Industrial Accident Compensation Insurance Act”), the Korea Workers’ Compensation and Welfare Service determines the type of pneumoconiosis of the relevant worker, whether there exists a merger certificate, and the degree of cardiopulmonary function after deliberation by the Pneumoconiosis Review Committee.