유족급여부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit shall be borne by the Plaintiff, including the costs incurred by participation.
1. On July 20, 201, the background of the disposition (hereinafter referred to as “the deceased”) suffered injury, such as external cerebral cerebral cerebral typosis, cerebral typosis, and cerebral typosis, etc. (hereinafter “the instant accident”), due to an accident involving the head while working at the construction site of the piracy General Construction Co., Ltd., and died on April 28, 2015 after having been hospitalized in the hospital by being hospitalized at the hospital until August 9, 2014.
The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) claimed the bereaved family’s benefits and funeral expenses under the Industrial Accident Compensation Insurance Act following the death of the Deceased on October 10, 1987, and received the lump sum survivors’ benefits and funeral expenses from the Defendant.
At the time of the death of the deceased, the Plaintiff asserted that he was in a de facto marital relationship with the deceased and filed a claim for bereaved family benefits under the Industrial Accident Compensation Insurance Act with the Defendant following the death of the deceased. On October 15, 2015, the Defendant rendered a disposition rejecting the payment of bereaved family benefits (hereinafter “instant disposition”) on the ground that, as long as the deceased and the Intervenor were in a marital relationship with the deceased at the time of the death of the deceased, the Plaintiff cannot be deemed as the spouse who is the bereaved family member entitled to receive bereaved family benefits under the Industrial Accident Compensation Insurance Act.
[Grounds for recognition] The entry of evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion and the Deceased were in a de facto divorce status, such as continuing to be separated after around 1995, and the Plaintiff and the Deceased have been in a de facto marital relationship from around 1996 to the time of the Deceased’s death. As such, the Plaintiff is a spouse who was in a de facto marital relationship with the Deceased at the time of the Deceased’s death and is a bereaved family member under Article 5 subparag. 3 of the Industrial Accident Compensation Insurance Act.