1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The coal industry rationalization project team is a corporation established pursuant to Article 31 of the former Coal Industry Act (amended by Act No. 7552 of May 31, 2005) and carried out the coal mine mine closure countermeasure project, such as the payment of disaster compensation benefits.

Among them, Article 31 of the Mining Damage Prevention and Restoration Act, which was enacted by Act No. 7551 on May 31, 2005, succeeded to all the rights and obligations of the Coal Industry Rationalization Business Bureau pursuant to Article 3 (2) of the Addenda, which was established by the defendant and established by Act No. 31 of the Mining Damage

B. From February 20, 1986 to August 31, 1990, the Plaintiff is working in C mining offices (concontributors).

On November 16, 1990, CY retired, and CY abolished on November 16, 1990

C. On February 18, 1997, the Plaintiff received 10,878,560 won as lump-sum disability compensation benefits on May 19, 197, after receiving the diagnosis of pneumoconiosis symptoms from the Korea Workers' Compensation and Welfare Service under the Industrial Accident Compensation Insurance Act, and received 10,878,560 won as the lump-sum disability compensation benefits on May 19, 197, and received 35,755,650 won in difference in the lump-sum disability compensation benefits on the increased disability grade on August 4, 2006.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion was diagnosed as pneumoconiosis (1/1) on April 28, 1987 when the plaintiff worked in the C Mining Center and was recognized as an occupational accident, but the Industrial Accident Compensation Insurance Decree did not separately stipulate the physical disability grade due to pneumoconiosis at the time, and was not determined as a disability grade.

Therefore, the Plaintiff constitutes “a person whose disability grade is not determined as of the date of closure of a disaster, regardless of the period of occurrence of a disaster” under Article 41(3)4 of the former Enforcement Decree of the Coal Industry Act (amended by Presidential Decree No. 13216, Dec. 31, 190; hereinafter the same).

3. Determination

A. Article 41(3)4 of the former Enforcement Decree of the Coal Industry Act provides for the payment of disaster compensation benefits as one of the “other mine closure countermeasure expenses as prescribed by the Presidential Decree”.