1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning for the court’s explanation of the instant case is as follows, except for the addition of the following judgments as to the Plaintiff’s assertion in the court of first instance, and thus, it is consistent with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Judgment on the plaintiff's assertion

A. The Plaintiff asserted that the Defendant approved the deceased’s pulmonary care due to a separate occupational accident, not a complication of pneumoconiosis.

In addition, the provisions on pneumoconiosis such as the proviso of Article 36(1) of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”) that excludes workers from the payment of temporary layoff benefits, etc. and provides for the payment of pneumoconiosis compensation annuities, etc., are intended to enhance the fairness in compensation among pneumoconiosis workers, and the purport of legislation is not to enhance the fairness in compensation between the pneumoconiosis workers, such as the Deceased, and thus, it is not necessary to apply to the Deceased.

Therefore, the defendant should pay temporary layoff benefits to the plaintiff who is a bereaved family member of the deceased under Article 52 of the Industrial Accident Compensation Act.

B. As seen earlier, as seen in the background of the disposition, the deceased was judged on August 8, 2012, based on the result of the diagnosis of pneumoconiosis from July 4, 2012 to July 13, 2012 after the amended Industrial Accident Compensation Act (amended by Act No. 10305, May 20, 2010) went into effect, and after the diagnosis of pneumoconiosis from July 9, 2012 to July 13, 2012, the deceased was determined as Grade 7 subparag. 15 of the disability grade as of August 8, 2012, and thus, the provision on pneumoconiosis in the Industrial Accident Compensation Act should apply to the deceased, who is an employee of pneumoconiosis, unless there are special circumstances.

(See Article 91-2 of the Industrial Accident Act, Article 32 of the Enforcement Rule of the same Act, and Article 605 subparagraph 2 of the Rules on Industrial Safety and Health, etc.). However, pneumoconiosis workers are pneumoconiosis.