On November 30, 2017, the Defendant rendered disability benefits and disability compensation benefits to Plaintiff A on November 30, 2017, and the Plaintiff on January 16, 2018.

1. Details of the disposition;

A. As a result of the precise diagnosis of pneumoconiosis on January 10, 200, the plaintiffs A, who had worked for each dusty work, is under medical care, subject to the determination of "type 1/2 of pneumoconiosis disease type and cp" as a result of the precise diagnosis of pneumoconiosis, and the plaintiffs B, as a result of the precise diagnosis of pneumoconiosis on September 6, 1993, are under medical care.

B. The Plaintiffs filed a claim with the Defendant for disability benefits and disability compensation benefits corresponding to grade 13 on the basis of the form of pneumoconiosis and cardiopulmonary function at the time of determining the subject of pneumoconiosis as the subject of pneumoconiosis treatment. However, the Defendant rendered a disposition to pay disability benefits and disability compensation benefits on November 30, 2017 for the Plaintiff A, and on January 16, 2018 for the Plaintiff B, each of the “the claim for disability benefits and disability compensation benefits against the Plaintiff has expired.” The 13th grade of the pneumoconiosis was newly established by the Enforcement Rule of the Industrial Accident Compensation Insurance Act as amended on July 1, 2003, and the 13th grade of the pneumoconiosis was diagnosed as the first grade of the pneumoconiosis before July 1, 2003, on the ground that disability grade is below the disability grade criteria, and thus, it is not recognized that the claim for disability benefits and disability compensation benefits based on the premise that it falls under the disability grade criteria is not recognized.”

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 (including each number), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The key issue of the instant case is that the Defendant’s claim for disability benefits and disability compensation benefits are unlawful on the ground that the extinctive prescription has expired among the grounds of the instant disposition.

Therefore, the issues of this case are as follows: (a) under the Industrial Accident Compensation Insurance Act that was enforced at the time when the plaintiffs were judged to suffer from pneumoconiosis type 1 by the precise diagnosis of pneumoconiosis, they do not fall under disability benefits since there was no physical disability grade provision; (b) however, they do not fall under disability benefits.