1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. B worked as a production worker at a half-month point in the 1957 to 1987 in the Department of World Trade Co., Ltd. (hereinafter “Mosung Industry”).

B On March 30, 2009, according to the Industrial Accident Compensation Insurance Act, the disability grade No. 3 was judged as pneumoconiosis and was determined as a beneficiary of medical care benefits.

B died as pneumoconiosis on December 13, 2014 while being under medical care.

(B) Accordingly, the plaintiff, who is the deceased, was decided on January 23, 2015 to pay bereaved family benefits and funeral expenses under the Industrial Accident Compensation Insurance Act to the defendant in relation to the death in B.

B. On February 13, 2015, the Plaintiff filed a claim with the Defendant for the payment of bereaved family consolation benefits under the former Act on the Prevention of Pneumoconiosis and Protection, etc. of Pneumoconiosis Workers (amended by Act No. 10304, May 20, 2010; hereinafter “former Pneumoconiosis Prevention Act”).

However, on February 16, 2015, the Defendant determined that the Defendant did not pay the bereaved family consolation benefits to the Plaintiff on the ground that “The business type of the large-scale industry workplace is “coke and coal gas manufacturing business,” and the said workplace does not fall under the workplace to which the former Pneumoconiosis Prevention Act applies.”

(hereinafter “Disposition in this case”). 【No dispute exists, entry of Gap evidence Nos. 1 and 5, and the purport of the whole pleadings

2. According to Article 24(4) of the former Pneumoconiosis Prevention Act as to the legitimacy of the instant disposition, bereaved family consolation benefits under Article 24(1)3 of the same Act shall be paid when a worker dies of pneumoconiosis and became the beneficiary of bereaved family benefits under the Industrial Accident Compensation Insurance Act.

However, according to Article 3 of the same Act and Article 2 of its Enforcement Decree and attached Table 1 of its Enforcement Decree, the above Act applies only to projects falling under certain mining operations, such as coal mining and steel mining.

Therefore, the bereaved family members of a deceased worker shall receive bereaved family consolation benefits under Article 24(1)3 of the former Pneumoconiosis Prevention Act.