1. On May 19, 2016, the Defendant’s disposition to pay pneumoconiosis disability compensation benefits to the Plaintiff is revoked.

2...

1. The plaintiff is working in the Korea Coal Corporation B mining center from May 1, 1960 to July 1, 1973, and in the Korea Coal Corporation C from January 1, 1974 to October 1, 1979.

The retirement was withdrawn.

As a result of a precise diagnosis conducted from March 24, 1980 to March 29, 1980, the Plaintiff was judged as Grade III of the disability grade due to the type 1/1 of pneumoconiosis and the cardiopulmonary function F2 (Serious Disability).

Accordingly, the defendant paid 15,476,060 won to the plaintiff as disability benefits under the Industrial Accident Compensation Insurance Act on May 27, 1980.

As a result of precise diagnosis from March 20, 2014 to March 22, 2014, the Plaintiff was judged as Grade 11 of the disability grade as pneumoconiosis type 1/0 and cardiopulmonary function F1/2 (Minor Disability).

On June 22, 2015, the Plaintiff filed an application with the Defendant for payment of disability consolation benefits of class 3 of the pneumoconiosis disability grade under the Act on the Prevention of Pneumoconiosis and Protection, etc. of Pneumoconiosis Workers (hereinafter referred to as the “ Pneumoconiosis Prevention Act”). However, on June 29, 2015, the Defendant rendered a claim for payment of disability consolation benefits on the ground that “the Plaintiff’s right to claim payment of disability consolation benefits has expired by the expiration of the three-year extinctive prescription.”

On October 21, 2015, the Plaintiff filed an application for payment of disability consolation benefits of grade 11 under the Pneumoconiosis Prevention Act.

On May 19, 2016, pursuant to Article 4 of the Addenda to the Pneumoconiosis Prevention Act, the Defendant decided to pay disability consolation benefits in accordance with the previous provisions in cases where a worker who received disability consolation benefits pursuant to the previous provisions (including a worker who had caused the cause for payment before this Act enters into force) before this Act enters into force, and thereafter the pneumoconiosis grade is changed after this Act enters into force. The Plaintiff determined to pay disability consolation benefits in accordance with the previous provisions. The Plaintiff: (a) where the pneumoconiosis grade has changed to grades 3 through 11, the difference in the disability grade is not caused; and (b) the application for payment is inevitable because the difference in the disability grade is inevitable.

Accordingly, the Plaintiff on May 31, 2016.