[유족급여및일부부지급처분취소][미간행]
Plaintiff 1 and five others (Attorney Hong-ju, Counsel for the plaintiff-appellant)
Korea Labor Welfare Corporation
July 19, 2005
Seoul Administrative Court Decision 2004Guhap9470 delivered on September 15, 2004
1. The defendant's appeal is dismissed.
2. The costs of appeal are assessed against the defendant.
1. Purport of claim
On February 14, 2003, the defendant revoked the part of the land payment disposition for survivors' benefits against the deceased non-party 1.
2. Purport of appeal
The judgment of the first instance is revoked. All of the plaintiffs' claims are dismissed.
1. The reasons why a member of the court of first instance should explain this case are as follows: “1. 15 of the judgment of the court of first instance” shall be read as “1. 25 of the judgment of the court of first instance”; “Dismissal 5. 16 of the judgment of the court of first instance” shall be read as “the scope of the beneficiary’s survivors’ benefits under the Industrial Property Act does not coincide with the scope of the heir’s property under the Civil Act”; and then, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act, Article 420 of the Civil Procedure Act, and Article 420 of the Civil Procedure Act.
2. If so, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.
Judges Kim Jin-jin (Presiding Judge)