1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On June 7, 1982, the deceased B (hereinafter “the Deceased”) was diagnosed with pneumoconiosis symptoms and determined as disability grade No. 9. However, the Defendant disposed of the payment of the insurance benefit site on the ground that the deceased was the business owner who was engaged in digging through digging through the Labor Standards Act.

B. On March 11, 1985, the Deceased was diagnosed as pneumoconiosis and judged as Grade 11 as disability grade. However, the Defendant issued a disposition to pay the insurance benefit site on the same ground.

In response to this request for examination, the deceased filed a request for examination, and it is recognized as a simple labor, so the deceased's request for examination cannot be an employer under the Labor Standards Act, and the Defendant's disposition of the site for insurance benefits was revoked.

(c)

On April 25, 1992, the Deceased was diagnosed as the type No. 3 of the pneumoconiosis type, the cardiopulmonary function F1/2 of the cardiopulmonary function (Minor disability), and the tbbath of the complication, and died on January 27, 2004 while receiving re-medical care.

(d)

From February 1, 2004, the Defendant paid the bereaved family benefits to the Plaintiff who is the deceased’s spouse, on June 1, 1991, paid the bereaved family benefits based on the increased or decreased amount of KRW 27,911.20 as of June 1, 1991 pursuant to Article 36(3) of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”).

E. On October 2, 2018, the Plaintiff asserted that the deceased should calculate the bereaved family’s benefits based on the average wage as of June 7, 1982 when he first diagnosed the pneumoconiosis, and applied for the correction of the average wage and the payment of the difference between the bereaved family’s benefits.

F. On November 13, 2018, the Defendant: (a) on March 11, 1985, the date of the first verification of the deceased’s occupational disease is KRW 144,375.20 if the Plaintiff increased or decreased KRW 12,717.39, which is the average wage at that time, by 2018; and (b) currently, the Plaintiff is paid the bereaved family’s benefits calculated based on the average wage in 2018 as KRW 180,042.96; and (c) on the ground that there is no practical benefit for the Plaintiff to file an application, the non-approval of the average wage and the disposition of the difference in the amount of the insurance benefit (hereinafter “instant disposition”).