1. The Defendant’s disposition of additional payment of disability benefits against the Plaintiff on September 1, 2016 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

1. Details of the disposition;

A. On October 27, 2008, the Plaintiff was judged as “mal disease type of pneumoconiosis” as a result of the precise diagnosis of pneumoconiosis on October 27, 2008, as a person who has been engaged in dusty work at a workplace, such as a new industry development (concompetant) and was determined as “mal disorder type” (No. 4A), serious disability (F2), and merger certificate: Discard

B. On August 31, 2016, the Plaintiff filed a claim with the Defendant for disability benefits equivalent to the pneumoconiosis as stated in the preceding paragraph.

C. Accordingly, on September 1, 2016, the Defendant provides that disability benefits under the Industrial Accident Compensation Insurance Act shall be paid to the Plaintiff in cases where a worker suffers from a physical disability, etc. after recovering from an injury or disease due to an occupational reason. The Plaintiff is currently under medical care, and the Plaintiff does not fall under “cases where a physical disability, etc. exists after recovery,” and thus cannot be deemed subject to disability grade assessment (hereinafter “reasons for disposition 1”). (2) Even if the disability grade can be determined at the time of the approval for medical care, the right to claim disability benefits cannot be paid to the Plaintiff after the three-year extinctive prescription expires.

(hereinafter, at the time of the instant disposition, the Defendant, on October 27, 2008, which was the date of the Plaintiff’s diagnosis of pneumoconiosis, stated that the type of pneumoconiosis-type 4 was not subject to disability benefits due to the lack of disability grade standards. The Plaintiff and the Defendant did not make any specific assertion in relation to both parties.

In this regard, it is also examined whether there was a disability grade standard for pneumoconiosis type on the date of diagnosis of pneumoconiosis of the plaintiff.

A disposition to pay disability benefits for reasons of this case was made (hereinafter “instant disposition”). D.

The plaintiff filed a request for reexamination, but was dismissed.

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

2. The disposition of this case is taken for the following reasons as asserted by the Plaintiff.