Relief allowance after a change in the silicosis disability grade

1. 01Question

   When a worker with pneumoconiosis from a closed mine received the disability grade for the earlier level and the grade later changed as the condition worsened, may he claim a disaster relief allowance on the changed grade, and how is the amount set where the Korea Mine Reclamation and Mining Corporation paid only the lump-sum disability compensation equivalent to the earlier grade without applying Article 58(3)(ii) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act by analogy?

2. 02Holding

   A worker may claim a relief allowance calculated on the changed grade, because whether the disease runs slowly from a low grade or appears severely at once is a chance circumstance of the speed of the pneumoconiosis, and two workers with the same final grade have no rational reason to receive different amounts. Where the earlier grade's allowance was already paid in full, the amount due is fixed by applying Article 58(3)(ii) of the Enforcement Decree by analogy, that is the payment days of the changed grade's lump-sum disability compensation less the days of the earlier grade's, multiplied by the average wage. Where the earlier grade's allowance was never paid and the Corporation paid only the earlier grade's lump-sum equivalent, that payment is in the nature of partial satisfaction of the allowance already due on the changed grade, so the Corporation must pay the balance, and the Decree provision is not applied by analogy; the Supreme Court dismissed all the appeals.

   Points at issue, verbatim

   진폐근로자가 종전 장해등급에 해당하는 재해위로금을 지급받지 못한 상태에서 장해상태가 악화되어 장해등급이 변경되었음에도, 한국광해광업공단이 종전 장해등급에 해당하는 장해보상일시금 상당의 재해위로금만 지급한 경우, 한국광해광업공단이 지급해야 할 재해위로금액의 산정 방법 및 이 경우 산업재해보상보험법 시행령 제58조 제3항 제2호를 유추적용하여 변경된 장해등급에 따라 지급할 재해위로금을 산정해야 하는지 여부(소극)

   Unofficial English translation

   Where, although the pneumoconiosis employee did not receive the disaster consolation money corresponding to the previous disability grade and the disability condition worsened and the disability grade was changed, the Korea Mine Rehabilitation and Mineral Resources Corporation paid only disaster consolation money in an amount equivalent to the disability compensation lump sum corresponding to the previous disability grade, the method of calculating the amount of disaster consolation money that the Korea Mine Rehabilitation and Mineral Resources Corporation must pay, and whether, in such a case, Article 58 paragraph (3) subparagraph 2 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act must be applied mutatis mutandis to calculate the disaster consolation money to be paid according to the changed disability grade (negative)

3. 03Disposition

   Dismissed Stated in the decision

   상고를 모두 기각한다.

   Unofficial English translation

   All appeals are dismissed.

4. 04Form of the test

   Elements stated Stated in the decision

   특별한 사정이 없는 한 이는 변경된 장해등급에 해당하는 재해위로금에 대한 일부 변제로서의 성격을 가진다고 봄이 타당하다.

   Unofficial English translation

   Unless there are special circumstances, it is reasonable to regard this as having the character of a partial payment toward the disaster consolation money corresponding to the changed disability grade.

5. 05Factors

   • 진폐로 업무상 재해를 입은 근로자가 처음 장해등급 판정을 받았다가 장해등급이 변경된 경우
   • 종전 장해등급에 해당하는 구 석탄산업법상 재해위로금을 전액 지급받은 후 장해상태가 악화되어 장해등급이 변경되었을 경우
   • 진폐근로자가 종전 장해등급에 해당하는 재해위로금을 지급받지 못한 상태에서 장해상태가 악화되어 장해등급이 변경되었음에도
   • 한국광해광업공단이 종전 장해등급에 해당하는 장해보상일시금 상당의 재해위로금만 지급한 경우

   Unofficial English translation

   • Where an employee who suffered an occupational injury due to pneumoconiosis was first assigned a disability grade and then the disability grade was changed

   • Where, after receiving the full amount of the disaster consolation money under the former Coal Industry Act corresponding to the previous disability grade, the disability condition worsened and the disability grade was changed

   • Where, although the pneumoconiosis employee did not receive the disaster consolation money corresponding to the previous disability grade and the disability condition worsened and the disability grade was changed

   • Where the Korea Mine Rehabilitation and Mineral Resources Corporation paid only disaster consolation money in an amount equivalent to the disability compensation lump sum corresponding to the previous disability grade

6. 06Relation to precedent

   Follows earlier decisions Stated in the decision

   대법원 2020. 10. 29. 선고 2019두31426 판결(공2020하, 2301)

   Unofficial English translation

   Supreme Court Decision 2019Du31426 decided October 29, 2020 (Gong 2020 Ha, 2301)

   Decisions referred to

   [1] 대법원 2020. 10. 29. 선고 2019두31426 판결(공2020하, 2301)

7. 07Burden of proof

   Not addressed Not in the decision

8. 08Open question and revisit condition

   What special circumstances would make a payment of the earlier grade's lump-sum equivalent something other than partial satisfaction of the allowance due on the changed grade?

   A later decision holding that a payment made with an express reservation, or made before the changed grade was diagnosed, is not partial satisfaction would reopen the calculation. An amendment to Article 39-3(1)(iv) of the former Coal Industry Act or to Article 58(3)(ii) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, or a change in the position now at Article 41(4)(v) of the Enforcement Decree of the Coal Industry Act, also calls for a fresh reading.

Read 2026-10-24 · Cross-read 2026-10-24. All quotes matched against the official text. The Chinese-character placeholders the court used for anonymised parties are given in their Korean readings, and parenthetical Chinese-character glosses are omitted.

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