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 (hereinafter “the deceased”) is a person who worked in the place of business from around 1970 to around 1991 in C mining industry, such as C and D coal mines, and the Plaintiff is the deceased’s spouse.

B. On April 22, 1996, the Deceased was diagnosed as pneumoconiosis and was determined as Grade 11. On January 15, 2002, the Deceased was determined as Grade 9 due to aggravation of pneumoconiosis and cardiopulmonary function. On December 20, 2012, the Deceased died on February 7, 2016, after being determined as Grade 5 of the disability grade due to aggravation of cardiopulmonary function, as pneumoconiosis type 4(4A), complicationritis, and cardiopulmonary function (F1).

C. The Plaintiff filed an application for the payment of pneumoconiosis injury consolation benefits as prescribed by the Act on the Prevention of Pneumoconiosis and Protection, etc. of Pneumoconiosis Workers (hereinafter “ Pneumoconiosis Prevention Act”) by asserting that the Deceased was diagnosed of pneumoconiosis by performing dusty work in which dust has been inhaled excessively in the mine at all times while serving as a security source in the mining center. On November 15, 2018, the Defendant issued a disposition not to approve the Plaintiff’s application (hereinafter “the first disposition”).

Since the Defendant was determined as a disability grade on April 22, 1996 by the Deceased, the type of pneumoconiosis consolation benefits that the Plaintiff may receive was not the pneumoconiosis accident consolation benefits as prescribed in Article 24(1)2 of the Pneumoconiosis Prevention Act, but the type of pneumoconiosis consolation benefits as prescribed in Articles 2 and 4 of the Addenda (amended by Act No. 10304, May 20, 2010) of the former Pneumoconiosis Prevention Act (amended by Act No. 10304, May 20, 2010). Accordingly, the Defendant changed the “Unpaid consolation benefits” subject to the site payment into “Unpaid consolation benefits” and decided the site payment (hereinafter “instant disposition”) on December 5, 2019 for the same reason as the original disposition.