1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The first instance court.

1. The reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the dismissal or addition of the following contents among the grounds of the judgment of the court of first instance. Therefore, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420

(1) On the third page of the seventh decision of the first instance, “(1) The plaintiff’s first assertion” shall be added.

(2) On the 7th decision of the first instance, the following parts shall be added to the said tenth decision:

Article 36(6) of the Industrial Accident Compensation Act, which provides for the exclusion of the period of suspension from the average wage calculation period, shall apply to the calculation of temporary disability compensation benefits during the medical care in this case, on the ground that the date of the second Plaintiffs’ pneumoconiosis and the date of diagnosis of the merger thereof is the date of occurrence of the cause for calculating the average wage. Thus, in calculating temporary disability compensation benefits during the medical care in this case, there is no difference between the first medical care and the second medical care in that the purpose is to treat the disease caused by the occupational accident. In addition, Article 2 of the Enforcement Decree of the Labor Standards Act, which provides that the period of suspension for medical care due to occupational accident shall be excluded from the average wage calculation period, and Article 4 of the Enforcement Decree of the same Act (Notice of the Ministry of Labor) and Article 36(3) of the Industrial Accident Compensation Act, which provides for the protection of the worker whose wage level falls due to occupational disease such as pneumoconiosis, Article 36(3) of the Industrial Accident Compensation Act shall be naturally applied.

(4) On the 8th written judgment of the first instance, the following parts shall be added:

“ “(3) 원고의 두 번째 주장에 관한 판단 ㈎ 산재법 제56조는 2007. 12. 14. 법률...