1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On October 2013, the Plaintiff was a person who was engaged in dusty work in Samma Mining Center, and was recognized as being subject to medical care after being judged as a pneumoconiosis-type symptoms (0/1) as a result of the precise diagnosis of pneumoconiosis around October 2013 and as a result of a complicationic tuberculosis.

B. On April 4, 2014, the Plaintiff filed a claim with the Defendant for pneumoconiosis compensation annuities and temporary disability compensation benefits, but the Defendant decided and notified the Plaintiff’s site pay on April 28, 2014.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] There is no dispute, Gap 1, 2, Eul 1, 2

2. Whether the instant disposition is lawful

A. Under Article 52 of the Industrial Accident Compensation Insurance Act (amended by Act No. 10305, May 20, 2010; hereinafter “Industrial Accident Compensation Act”), temporary layoff benefits shall be paid to workers who receive medical care due to the Plaintiff’s assertion of pneumoconiosis and a merger thereof.

In the process of the enactment of Article 83-2(1) [Attachment Table 11-2] of the Enforcement Decree of the Industrial Accident Compensation Act (amended by Presidential Decree No. 22492, Nov. 15, 2010), the pneumoconiosis compensation annuity shall be paid to workers with pneumoconiosis symptoms by applying mutatis mutandis the grade 13 equivalent to pneumoconiosis grade 13.

Furthermore, an employee who has received diagnosis of pneumoconiosis symptoms also constitutes a pneumoconiosis worker. Article 91-3(1) of the Industrial Accident Compensation Act provides that the pneumoconiosis compensation annuity shall be paid to the pneumoconiosis worker, and Article 91-3(2) of the same Act provides that the pneumoconiosis compensation annuity shall be the sum of the pneumoconiosis disability pension by pneumoconiosis grade and the basic pension. Thus, even if an employee with pneumoconiosis proof fails to be determined as a pneumoconiosis disability grade, the pneumoconiosis compensation annuity equivalent to the basic pension should be paid

(b) The details of the relevant statutes are as shown in the attached statutes.

C. (1) The former Industrial Accident Compensation Insurance Act (amended by Act No. 10305, May 20, 2010; hereinafter “former Industrial Accident Compensation Act”) as to whether a worker receiving medical care should pay temporary layoff benefits due to a merger.