1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff was diagnosed with pneumoconiosis as a person who was engaged in dusty work in the Gangseo-Yeung Mining Station, the Yeong (U.S.) and was determined to be subject to the medical care at the same time as the Plaintiff was determined to be subject to pulmonary tuberculosis after being judged to have been subject to pulmonary pulmonary pulmonary pulmonary pulmonary Elimination (0/1) in the diagnosis of pneumoconiosis conducted at the same time as the same time.

B. The Plaintiff filed a claim against the Defendant for the payment of pneumoconiosis compensation annuities and temporary disability compensation benefits under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”), and on May 28, 2014, the Defendant rendered a decision on site payment on the ground that “the Plaintiff is only entitled to medical care benefits under subparagraph 1 and nursing benefits under subparagraph 4 among the insurance benefits under Article 36 of the Industrial Accident Compensation Insurance Act in cases where the pulmonary tuberculosis was merged with pneumoconiosis (0/1).”

(hereinafter “Disposition in this case”). / [Grounds for recognition] without dispute, Gap evidence Nos. 1, 2, Eul evidence No. 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion (1) The fact that no pneumoconiosis disability grade for pneumoconiosis-type symptoms is set should be interpreted as omitting it in the process of enactment of attached Table 11-2 of the Enforcement Decree of the Industrial Accident Insurance Act.

Therefore, applying Article 52 of the Act, which is a general provision of the Act, it is necessary to pay temporary disability compensation benefits, or to pay pneumoconiosis compensation annuities by applying Article 13 of the Enforcement Decree of the Act at least the pneumoconiosis disability grade stipulated in attached Table 11-2.

(2) Article 91-3 of the Industrial Accident Insurance Act explicitly states that the pneumoconiosis compensation annuity shall be the sum of the pneumoconiosis disability pension and the basic pension, and there is no provision in the subject of the basic pension in the case of the pneumoconiosis-type symptoms. Therefore, as the Plaintiff, at least the pneumoconiosis compensation annuity equivalent to the basic pension should be paid to an employee who provides medical care due to a merger of the pneumoconiosis-type symptoms.

(3) The amendment of the Industrial Accident Insurance Act on May 20, 2010 to the Industrial Accident Insurance Act provides only medical care benefits for pneumoconiosis-type symptoms, such as the Plaintiff.