1. The Defendant’s KRW 9,125,760 as well as the Plaintiff’s annual rate of KRW 5% from October 15, 2016 to February 2, 2018.

1. Basic facts

A. The coal industry rationalization project team established under Article 31 of the former Coal Industry Act (amended by Act No. 7552 of May 31, 2005) carried out the coal mine mine mine closure countermeasure project, such as the payment of disaster compensation benefits.

The defendant was established in accordance with Article 31 of the Mining Damage Prevention and Restoration Act, enacted by Act No. 7551 on May 31, 2005, and succeeded to all the rights and obligations of the Coal Industry Rationalization Project Association pursuant to Article 3 (2) of the Addenda to the above Act.

B. From January 3, 1978 to September 9, 1991, the Plaintiff retired from office after serving as mining part at the Dobong Mining Center B (hereinafter “instant Mining Center”).

A mine subject to mine closure support under Article 39-2 (1) of the former Coal Industry Act (amended by Act No. 4541, Mar. 6, 1993; hereinafter “former Coal Industry Act”) was closed after the extinguishment of the mining right of this case was registered on Oct. 26, 1991, and the Plaintiff was paid expenses for mine closure measures, such as retirement allowances, wages, etc. from the Coal Industry Rationalization Business Bureau around January 30, 1992.

C. As a result of the precise diagnosis of pneumoconiosis on February 13, 1985, the Plaintiff was diagnosed with the pneumoconiosis symptoms of “no 1/1 of pneumoconiosis disease type, and no complication.”

On January 2, 2006, the Plaintiff was diagnosed as “1/0 of pneumoconiosis type 1/0 and F0 of cardiopulmonary function” and received KRW 9,125,760 as the lump-sum disability compensation benefits pursuant to the Industrial Accident Compensation Insurance Act from the Korea Workers’ Compensation and Welfare Service after being determined as the disability grade of class 13 under the Industrial Accident Compensation Insurance Act on April 20, 2006.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, and Eul No. 1, the purport of the whole pleadings

2. The parties' assertion

A. On February 13, 1985, before the closure of the mining center of this case and the mine subject to mine closure support under the former Coal Industry Act, the Plaintiff was diagnosed with pneumoconiosis as an occupational accident, but at that time, the Industrial Accident Compensation Act does not separately stipulate the physical disability grade due to pneumoconiosis, and thus, the disability grade is not determined.