The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1.(a)

Article 39-3 (1) of the former Coal Industry Act (amended by Act No. 4541 of March 6, 1993) provides that when a coal mining business operator of a mine subject to the payment of mine closure countermeasure expenses completes the registration of extinction of the mining right, mining concession right, or continuing operation right, the coal industry rationalization business team shall pay the following amounts to the retired workers and coal mining business operators of the mine concerned as the mine closure countermeasure expenses, and subparagraph 4 of the same Article provides that "other mine closure countermeasure expenses as prescribed by Presidential Decree

Article 41(3)4 of the former Enforcement Decree of the Coal Industry Act (amended by Presidential Decree No. 13216, Dec. 31, 190) (hereinafter “instant provision”) provides that “Disaster consolation benefits paid to a person who has suffered occupational accidents within one year retroactively from the date of mine closure and whose disability grade has been determined as of the date of mine closure or a person whose disability grade has not been determined as of the date of mine closure regardless of the period of accident. In this case, disaster consolation benefits shall be the same amount as lump-sum disability compensation benefits under Article 9-5(1) of the Industrial Accident Compensation Insurance Act or lump-sum survivors’ compensation benefits under Article 9-6(1) of the same Act paid to a retired employee.”

As part of the mine closure countermeasure expenses, the disaster compensation paid to workers who suffered from occupational accidents in the closed mine is an additional payment of accident compensation in addition to ordinary social security level for workers who are suffering from special difficulties such as occupational accidents while closing coal mines without economic feasibility deemed desirable for balanced development of the national economy rather than continuing coal supply and demand in Korea.