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Disaster Condolence Money | Supreme Court Judgment Holding That, Where the Disability Grade Has Changed, a Prior Payment Constitutes Only Partial Performance

In a dispute over the payment of disaster condolence money, the Supreme Court held that, where a pneumoconiosis worker had not received the condolence money corresponding to a prior disability grade and the disability grade subsequently changed, the amount later paid constitutes only partial performance of the disaster condolence money calculated under the changed disability grade. (Supreme Court, Judgment of November 6, 2025, 2022 Du 51598)

CONTENTS
  • 1. A Case Concerning the Standard for Payment of Disaster Condolence Money
    • - The First-Instance Court's Determination Regarding the Disaster Condolence Money
    • - The Appellate Court's Determination Regarding the Disaster Condolence Money
  • 2. The Supreme Court's Determination Regarding the Disaster Condolence Money
    • - Summary of the Relevant Legal Principles
    • - The Supreme Court's Specific Determination
    • - The Significance of This Judgment
  • 3. Daeryun's Strategy Regarding Disaster Condolence Money

1. A Case Concerning the Standard for Payment of Disaster Condolence Money

In a dispute over the payment of disaster condolence money, the issue in this case was whether, where the disability grade of a pneumoconiosis worker has changed, the disaster condolence money must be recalculated under the new disability grade standard.

The plaintiff was engaged in dust work at the OO Coal Mine from 1982 to 1990 and was diagnosed with pneumoconiosis (pneumoconiosis type 1).

After the mine was closed, the plaintiff's disability condition worsened, and the disability grade fluctuated, reaching Grade 9 in 2012, Grade 3 in 2015, and Grade 9 in 2019.

The Korea Mine Reclamation Corporation paid disaster condolence money in the same amount as the lump-sum disability compensation under the Grade 11 standard (3,197,590 won) in 2017, but the plaintiff filed a lawsuit, asserting that “additional condolence money must be paid because the disability grade has changed.”

The issue was whether the amount already paid under the Grade 11 standard should be deducted from the amount under the Grade 9 standard in the calculation, or whether the full amount should be calculated anew.

The First-Instance Court's Determination Regarding the Disaster Condolence Money

The first-instance court partially accepted the plaintiff's claim.

It found that the existing amount paid by the defendant Corporation constituted only partial performance of the condolence money corresponding to the final disability grade (Grade 9).

Accordingly, it determined that an obligation existed to pay additional condolence money based on the newly confirmed disability grade.

The Appellate Court's Determination Regarding the Disaster Condolence Money

The Seoul High Court (Judgment of June 23, 2022, 2021 Nu 62920) held as follows.

Given the nature of the disease, pneumoconiosis cannot be regarded as a fixed-symptom condition based solely on the disability grade determination as of the mine closure date or any particular point in time.

Even if the disability grade changes, the existing grade is not canceled but is reconfirmed through a new examination and review; therefore, the final disability grade should be deemed the Grade 9 diagnosis in 2019.

Accordingly, it determined that the amount paid by the defendant in 2017 has effect only as partial performance of the disaster condolence money actually payable, and that an obligation to pay the full amount under the final disability grade (Grade 9) remains.

2. The Supreme Court's Determination Regarding the Disaster Condolence Money

The Supreme Court's Determination Regarding the Disaster Condolence Money

The Supreme Court upheld the determination of the lower court as it stood and dismissed the defendant's final appeal.

Summary of the Relevant Legal Principles

Under Article 39-3(1)(iv) of the former Coal Industry Act and Article 41(3)(iv) of its Enforcement Decree (hereinafter the “provision at issue”), disaster condolence money is paid to a worker whose disability grade is confirmed as of the mine closure date.

Where a pneumoconiosis worker has already received the full disaster condolence money under an existing disability grade and the disability grade is subsequently changed due to a worsening of the condition, the principle is, by analogous application of Article 58(3)(ii) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, to pay only the difference after deducting the number of days previously paid.

However, the purport was that a different view should be taken where the disability grade has changed while the worker had not received the disaster condolence money under the existing disability grade.

The Supreme Court's Specific Determination

The Supreme Court stated as follows.

Because the plaintiff had never received condolence money under the Grade 11 standard, the amount subsequently paid should be regarded as partial performance under the final disability grade (Grade 9) standard.

Accordingly, the defendant must pay the remainder after subtracting the amount already paid from the total condolence amount corresponding to the changed disability grade.

To make a deduction calculation by analogous application of Article 58(3)(ii) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act even in such a case would be contrary to the purport of the law.

In other words, the conclusion was that if an amount has already been paid, it should be regarded as “partial performance of the condolence money under the changed disability grade,” and it is appropriate to recalculate the full amount under the new grade and then pay the difference.

The Significance of This Judgment

This judgment is a meaningful decision that set the standard for the payment of disaster condolence money to pneumoconiosis workers.

1. Reaffirmation of the Principle Based on the Final Disability Grade
It made clear that disaster condolence money must be calculated based on the point at which the final disability grade is confirmed, not on the initial diagnosis.

2. Establishment of the Partial Performance Theory
It established the standard that an amount already paid constitutes merely partial performance, and that recalculation under the new grade standard and payment of the difference are required.

3. Clarification of the Limits of Analogous Application
It clarified that, because the deduction provision of the Enforcement Decree of the Industrial Accident Compensation Insurance Act is intended to prevent duplicate payment, it cannot be applied by analogy where there has been no prior payment.

3. Daeryun's Strategy Regarding Disaster Condolence Money

Based on this judgment, Daeryun Law Firm LLP presents the following practical strategies.

▶Support for Pneumoconiosis Workers and Bereaved Families

An attorney experienced in pneumoconiosis and industrial accident litigation reviews the possibility of claiming additional condolence money by comparing medical certificates, records of disability grade changes, and the Corporation's payment history.

▶Responding to the Corporation and Filing Objections

By analyzing the legal nature of amounts paid by public institutions such as the Korea Mine Reclamation and Mining Corporation (whether they constitute partial performance), we systematically support objection and administrative litigation procedures.

▶Advisory on Disaster Compensation Systems

For companies and institutions, we review the application standards and duplication-rule risks of similar systems, such as disaster condolence money and lump-sum disability compensation, and advise on system improvements to prevent similar disputes in the future.

If you need legal advice regarding disaster condolence money, you are welcome to make a 🔗legal consultation reservation.

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