1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The net B (hereinafter “the network”) is engaged in dusty work from around 1978 to October 1991 at C Mining Center.

After retirement, it was judged that there was a disability of the 11th grade and the 2nd grade of pneumoconiosis around 1997.

B. On March 22, 2006, the Deceased was under medical examination at the literature-economic day hospital, which is a hospital designated for pneumoconiosis symptoms due to chest and respiratory distress, but was diagnosed as having a disability in the same grade as that of the preceding paragraph. Since then, the condition of the Deceased aggravated, the condition of the Deceased was aggravated, and the same year.

6. 27. The same hospital has received diagnosis of the kind of pulmonary father, and completed the operation.

C. On July 28, 2006, the Deceased was diagnosed for the pulmonary cancer presumption while she was inspected by the literature and economy hospital as a base and a guest room. On September 13, 2006, the Deceased was diagnosed for the extension of small cell cancer in Samsung Seoul Hospital.

On August 4, 2006, the Deceased submitted to the Korea Workers' Compensation and Welfare Service (hereinafter referred to as the "Corporation") an application for medical care for the impairment of pneumoconiosis and chest infection. On October 26, 2006, the Deceased died on February 17, 2008 while hospitalized in the literature-economic day hospital after receiving a decision on medical care from the Corporation.

E. On February 2009, the Plaintiff, a wife of the Deceased, applied for the payment of disability benefits and disability consolation benefits on the premise that the lung cancer, which is the deceased’s disease, falls under class 3 of the disability grade. However, on February 20, 2009, the Corporation rejected the said application on the ground that the deceased was not judged as class 3 of the disability grade.

On September 2, 2009, the plaintiff filed an administrative litigation against the Corporation to revoke the above rejection disposition (Seoul Administrative Court Decision 2009Guhap7776). However, on September 2, 2009, the judgment dismissing the plaintiff's claim on the ground that disability benefits and disability consolation benefits are not recognized unless disability grade decision is made against the deceased. On July 9, 2010, the plaintiff's appeal was dismissed and the above judgment became final and conclusive around that time.

【Ground of recognition】 There is no dispute;