1. On July 5, 2017, the Defendant issued to the Plaintiff an approval of the correction of average wages and a disposition of the payment of the difference in insurance benefits, respectively.

1. Details of the disposition;

A. B, from January 20, 1968 to June 20, 1978, C Co., Ltd. worked as a mining source in the D Mining Complex. After retirement, C Co., Ltd. was diagnosed as pneumoconiosis symptoms on August 9, 2004 and was determined as disability grade 13. After retirement, C Co., Ltd died on November 3, 2016 while receiving medical care approval from the Defendant.

The plaintiff is the spouse of the deceased B (hereinafter referred to as "the deceased").

B. The Defendant calculated the average wage of the deceased by applying Article 38(5) of the former Industrial Accident Compensation Insurance Act (wholly amended by Act No. 8373, Apr. 11, 2007; hereinafter the same shall apply), Article 26(2) and (3) of the former Enforcement Decree of the Industrial Accident Compensation Insurance Act (wholly amended by Presidential Decree No. 20875, Jun. 25, 2008; hereinafter the same shall apply), and Article 12(2) of the former Enforcement Rule of the Industrial Accident Compensation Insurance Act (wholly amended by Ordinance of the Ministry of Labor No. 304, Jul. 1, 2008; hereinafter the same shall apply), and paid the deceased and the Plaintiff with pneumoconiosis compensation annuity, funeral expenses, pneumoconiosis survivors’ annuity, pneumoconiosis consolation benefits, and pneumoconiosis consolation benefits based thereon.

C. On February 10, 2017, the Plaintiff filed a claim with the Defendant for the correction of the deceased’s average wage and the payment of the difference between pneumoconiosis survivors’ consolation benefits, which is calculated in accordance with special provisions on the calculation of the deceased’s average wage and the average wage calculated in accordance with the Labor Standards Act and the former Notice of Special Cases concerning the Calculation of Average Wage (Notice of Ministry of Labor No. 2007-47, Dec. 3, 2007; hereinafter “Special Notification”).

On July 5, 2017, the Defendant applied the amount higher than the average wage pursuant to the special provisions on the calculation of the average wage and the average wage under the Labor Standards Act as the average wage when calculating the average wage for workers suffering from occupational illness. However, in the case of the Deceased, not only the actual wage data but also the special cases prescribed in subparagraphs 2 and 4 of Article 5 of the Public Notice of Special Cases.