The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

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

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

B. The deceased B (hereinafter “the deceased”) worked as a mining source in the Korea Coal Corporation Mining Center from May 16, 197 to September 25, 1981 (hereinafter “the Mining Center in this case”) and was diagnosed by pneumoconiosis on September 25, 1981, and was determined by the Korea Workers’ Compensation and Welfare Service as a class 11 disability grade.

C. From April 17, 1984 to June 1, 1989, the Deceased worked as the light source from Ctan mine to December 1, 1989, and from December 5, 1989 to December 1, 1992.

Chutan and Dhutan were mines subject to mine closure support under Article 39-3 (1) of the former Coal Industry Act.

On February 10, 1989, the coal mining agent of Ctane filed an application for preliminary mine closure, and Ctane was closed on September 5, 1989.

On March 2, 1992, the coal mining agent of the coal mine filed an application for preliminary mine closure, and on December 12, 1992, the coal mine was closed.

The mining center of this case is currently active coal mine. D.

As of October 11, 2005, the Deceased was receiving additional medical care from pneumoconiosis(2/3) and active pulmonary tuberculosis(tbba) and died on January 5, 2006.

E. The Plaintiff’s spouse, as the deceased’s spouse, receives the survivors’ compensation annuity as a result of the deceased’s death due to the foregoing occupational accident.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-4 and 6, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. Article 41(3)5 of the former Enforcement Decree of the Coal Industry Act (amended by Presidential Decree No. 13870, Mar. 6, 1993; hereinafter the same) refers to the period of a disaster.