1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The coal industry rationalization project team is a corporation established pursuant to Article 31 of the former Coal Industry Act (amended by Act No. 7552 of May 31, 2005) and carried out the coal mine mine closure countermeasure project, such as the payment of disaster compensation benefits.

Among them, Article 31 of the Mining Damage Prevention and Restoration Act enacted by Act No. 7551 of May 31, 2005 was established by the defendant and succeeded to all the rights and obligations of the Coal Industry Rationalization Project Association pursuant to Article 3 (2) of the Addenda of the above Act.

B. From December 9, 1987 to April 30, 1989, the deceased B (hereinafter referred to as the “the deceased”) worked as an coal mine in Ctane, and Ctane was abandoned on August 16, 1989.

C. On August 18, 200, the Deceased diagnosed as pneumoconiosis, and received KRW 22,485,050 as lump-sum disability compensation on December 27, 200, after being determined by the Korea Labor Welfare Corporation’s disability grade No. 7 grade No. 15.

The Deceased, as his/her spouse, had their children D, E, F, G, and H and died on September 8, 2013, and the Plaintiff received 2/13 shares of each of the claims for accident compensation benefits against the Defendant from D, E, F, G, and H around November 30, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The former Enforcement Decree of the Coal Industry Act, which was enforced on August 16, 1989 when Ctan mine in which the claimant’s work was abandoned, provides that the deceased shall pay disaster consolation benefits to “the person whose disability grade is not determined as of the date of the closure of the mine regardless of the period of the occurrence of the disaster.” The deceased suffered from occupational accidents while working in Ctan, and was diagnosed with pneumoconiosis on August 18, 200, and thus, shall receive disaster consolation benefits in accordance with the above provision.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

다. 판단 1) 구 석탄산업법 및 시행령의 개정연혁 ㈎ 구 석탄산업법(1993. 3. 6. 법률 제4541호로 일부개정되기 전의 것 제39조의3은 석탄광업자가 당해...