1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. B worked from May 1, 1993 to January 31, 1994, and Ctan mine was closed around July 6, 1994.

B. Meanwhile, on October 16, 1997, B was diagnosed as pneumoconiosis (1/1 type). On June 29, 2006, B received the lump-sum disability compensation payment amounting to KRW 6,873,780 from the Korea Workers’ Compensation and Welfare Service after having been determined as the disability grade of Grade 13 on June 29, 2006.

Afterward, the medical care died on November 21, 2010.

C. On January 27, 2016, the Plaintiff, the wife of B (hereinafter “the deceased”), filed a claim with the Defendant for payment of disaster consolation benefits under the coal industry law, such as the statement in the purport of the claim, but the Defendant rejected the claim.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. To make entries in the attached statutes concerned;

3. The Plaintiff’s claimant’s disability grade is determined as a result of the outbreak of pneumoconiosis after the date of mine closure. This 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 disaster.

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 closing the mine, regardless of the period determined as of the date of closing the mine.