유족급여수급권확인
1. On October 21, 2015, the Defendant’s refusal to pay survivors’ benefits and funeral expenses against the Plaintiff shall be revoked.
2...
1. Details of the disposition;
A. The Plaintiff’s partner B (hereinafter “the deceased”) served as C’s seafarer.
B. On January 31, 2013, the Deceased was on board C at around 02:28, and was down on the sea at approximately five meters away from five parts of the North Korean port D in Mapo-si, and was down on the sea, and was down on the sea.
C. On January 31, 2013, the Plaintiff demanded the Defendant to pay bereaved family benefits and funeral expenses, and the Defendant, orally, refused the Plaintiff’s request on the ground that “the deceased’s spouse is Nonparty E’s heir.”
On October 19, 2015, the Plaintiff filed a written claim with the Defendant for the payment of bereaved family benefits and funeral expenses, and the Defendant rendered a disposition rejecting the Plaintiff’s claim on October 21, 2015 (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 9, 10, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Article 27(1) of the Act on Accident Compensation for Fishing Vessels (hereinafter “the Act on Accident Compensation for Fishing Vessels”) provides that where a fishing vessel crew member, etc. dies in the course of performing his/her duties, his/her bereaved family members prescribed by Presidential Decree shall be paid an amount equivalent to average boarding wages for 1,300 days
However, although the deceased reported a marriage with E on June 22, 2001, it is deemed that E was the mother of Morocco, but E was the only part of the appearance of the marriage with the deceased for employment in the Republic of Korea. The deceased and E did not have a marrying marriage and did not actually have a marital life, and their marriage is null and void, and E did not have any contact after they returned to Morocco on March 16, 2002, and therefore, E cannot be deemed the legal spouse of the deceased.
On the other hand, on January 20, 2013, the deceased entered into a labor contract with the owner F of the above C, and designated the recipient of the compensation which may occur in the case of the deceased as the only blood donor of the deceased.
Therefore, according to the death of the deceased.