1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The plaintiff worked in B mining center from October 25, 1988 to October 31, 1989, and the above mining center was closed around November 22, 1989.

B. Meanwhile, the Plaintiff was diagnosed with pneumoconiosis around September 18, 1997, and was diagnosed again on September 6, 2005 with pneumoconiosis (4A) and was determined by the 11st degree of disability by the Korea Workers' Compensation and Welfare Service, and received KRW 21,574,740 for lump-sum disability compensation around March 27, 2006.

C. On March 21, 2016, the Plaintiff filed a claim with the Defendant for payment of disaster compensation benefits under the Coal Industry Act and subordinate statutes, such as the purport of the claim, but the Defendant rejected the claim.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. To make entries in the attached statutes concerned;

3. The Plaintiff’s assertion that the disability grade was determined due to the occurrence of pneumoconiosis after the date of mine closure, which is due to the mine mine operation of the mining center prior to the date of mine closure, and thus constitutes “a person whose disability grade has not been determined as of the date of mine closure regardless of the period of accident occurrence.”

4. Determination

A. The amendment history of the Enforcement Decree of the Coal Industry Act 1) Article 39-3 of the former Coal Industry Act (wholly amended by Act No. 4541 of March 6, 1993) provides that, when a coal mining business operator completes the registration of extinction of the relevant mining right, mining concession right, or continuing operation right, the coal mining business operator, retired workers, etc. shall pay the actual consolation benefits, mining damage prevention expenses, and other mine closure countermeasure expenses as prescribed by the Presidential Decree. 2) Article 41 (3) 4 of the former Enforcement Decree of the Coal Industry Act (wholly amended by Presidential Decree No. 13216 of December 31, 1990; hereinafter “Enforcement Decree of the Coal Industry Act”) provides for the payment of disaster consolation benefits as one of the “other mine closure countermeasure expenses as prescribed by the Presidential Decree” and the disability grade of the person who suffered occupational accidents within one year retroactively from the date of closure, regardless of the period for which the disability grade is determined as of the date of closure or the date of the disaster.