1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Details of the disposition;

A. After a mining damage prevention team was established under the name of the Mining Damage Prevention Association and changed to the name as of June 29, 2008 on the basis of Article 31 of the Mining Damage Prevention and Restoration Act, the defendant succeeded to the rights, obligations, etc. of the coal industry rationalization project team under Article 31 of the former Coal Industry Act (amended by Act No. 4754 of March 24, 1994; hereinafter the same shall apply) as a corporation established to efficiently implement the mining damage prevention projects.

(hereinafter referred to as the " coal industry rationalization project team" and the defendant are not distinguished, and all defendants are accused). (b)

The plaintiff is employed by the C Mining Center that operates coal coal mining as B.

On April 24, 1986 and December 5, 1988, each pneumoconiosis certificate was diagnosed with one type, but the disability grade was not assigned.

C. C mining center was closed on September 6, 1991, and thereafter, the Plaintiff was diagnosed as pneumoconiosis No. 2 on October 20, 1993 and was granted the disability grade No. 11. On December 9, 1993, the Plaintiff was paid KRW 5,201,380 in a lump sum for disability benefits by the Korea Labor Welfare Corporation.

The Plaintiff was diagnosed as a type of pneumoconiosis No. 4 around 2007 due to aggravation of pneumoconiosis, and was judged as a class 5 class 9 of the disability grade, and was paid a disability pension equivalent to 46,705,90 won in a lump sum of disability benefits from the Korea Labor Welfare Corporation on April 18, 2007.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff is obligated to pay the plaintiff compensation for disaster compensation benefits under the former Coal Industry Act and the former Enforcement Decree of the Coal Industry Act (amended by Presidential Decree No. 13870, Mar. 6, 1993; hereinafter the same) which was enforced at the time of the closure of the C Mining Office as a person whose disability grade was not determined at the time of the closure of the C Mining Office. Thus, the defendant is obligated to pay the plaintiff compensation for disability benefits (=51,907,280 won (=5,201,380 won) and compensation for delay.

(b) The attached Form of relevant statutes is as follows.

C. Determination 1.