1. The Defendant’s disposition of paying bereaved family consolation benefits to the Plaintiff on June 2, 2016 is revoked.

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

1. Details of the disposition;

A. From May 8, 1981 to May 7, 1990, the deceased B (hereinafter “the deceased”) was diagnosed on April 6, 2006 as a result of the precise diagnosis of pneumoconiosis conducted from May 8, 2006 to May 13, 2006, and died on June 20, 2006, when the deceased was diagnosed as “mal disease type No. 1 (1/0), normal conditions, and merger certificate: Tbbba ( Activity-pulmonary Tuberculosis)” and received the approval of the medical care.

B. The Plaintiff, as the spouse of the Deceased, requested the Defendant to pay bereaved family consolation benefits under Article 5 of the Addenda to the Act on the Prevention of Pneumoconiosis and the Protection, etc. of Workers from Pneumoconiosis (hereinafter “ Pneumoconiosis Prevention Act”), (amended by Act No. 10304, May 20, 2010; hereinafter the same). However, the Defendant issued a disposition on the land for bereaved family consolation benefits on June 2, 2016 on the ground that the cause for disability benefits was not occurred because the Deceased’s symptoms were not fixed at the time of death, and thus, it does not constitute “worker who received disability consolation benefits under the previous provisions before this Act enters into force (including workers whose causes for disability benefits occurred before this Act enters into force)” under Article 5 of the Addenda to the Pneumoconiosis Prevention Act.

(hereinafter “Disposition in this case”). 【No dispute exists, entry of Gap’s evidence Nos. 1 through 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. On June 20, 2006, the Plaintiff’s assertion was diagnosed as one type of pneumoconiosis prior to his death, and around that time the symptoms were fixed. According to the Industrial Accident Compensation Insurance Act at the time, the deceased’s disability grade falls under Grade 13, and thus, the deceased is already subject to disability benefits under the Industrial Accident Compensation Insurance Act at the time of receiving the decision on the eligibility for medical care due to pneumoconiosis. Therefore, pursuant to Article 5 of the Addenda to the Pneumoconiosis Prevention Act, the bereaved family consolation benefits should be paid to the Plaintiff, a bereaved family member of the deceased, pursuant to the former Pneumoconiosis Prevention Act.