beta
(영문) 서울행정법원 2018.05.11 2016구합84085

유족급여및장의비부지급처분취소

Text

1. The disposition that the Defendant rendered to the Plaintiffs on October 25, 2016 on bereaved family benefits and funeral expenses shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On March 14, 2016, the deceased F (hereinafter “the deceased”) was an employee of G, who is subject to the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”), and died of an industrial accident resulting in an injury, such as salkeing the teke, which was crashed with the teke, while performing steel tekeing work on the second floor at the site of H remodeling construction site located in Mapo-gu Seoul Metropolitan Government (hereinafter “the instant accident”) and was hospitalized in a state without food, while being hospitalized, and died due to the aggravation of health condition on June 7, 2016.

B. The deceased I entered as his father’s father in the family relations register around 1984 and the deceased J, whose mother was entered, died in around 1972, and the deceased was living alone as his unmarried person at the time of death, and there was no de facto marital spouse or lineal descendant.

C. On October 25, 2016, the Plaintiffs asserted that they are dual brothers and sisters sharing with the deceased and their mother, and filed a claim against the Defendant for the payment of survivors’ benefits and funeral expenses following the deceased’s death. However, on the grounds delineated below, the Defendant rendered a disposition on the bereaved family’s benefits and funeral funeral expenses (hereinafter “instant disposition”).

In accordance with a medical opinion that there is a proximate causal relationship between the frame of the state of death caused by the instant accident and the cause of the death of the deceased, it is reasonable to pay the bereaved family benefits and funeral expenses to the beneficiaries under the Industrial Accident Insurance Act. However, with respect to the claim that the Plaintiffs, among the Plaintiffs, are entitled to bereaved family benefits under the Industrial Accident Insurance Act, as the gene test between the Plaintiff D and the deceased acknowledged the same maternal blood relative relationship as a result of the genetic test between the Plaintiff D and the deceased, it is reasonable to determine whether the Plaintiffs’ mother was born in a legal de facto marital relationship between the deceased’s father and his father in accordance with the judgment of the court that

Meanwhile, the mother of the plaintiffs is the mother of the plaintiffs.