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(영문) 광주지방법원 2014.08.21 2013구단10314

유족급여등불승인처분취소

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On September 23, 2011, B (hereinafter referred to as “the deceased”) on board a ship at an emergency room of the Joseon University Hospital C, and was engaged in fishing operations at a sea area of approximately 60 kilometers away from the eardo located in Jeju to Northwest on September 27, 2011, and caused a sudden pulmonon disorder on September 27, 201, and transferred Jeju Marine Inspection Report to the Jeju Marine Hospital, which was first transmitted to the Jeju Marine Hospital, due to the 1502 on the vessel belonging to the Jeju Marine Inspection Report, and was diagnosed with thomba, brain spatha, and spatha due to spatha, and was diagnosed with a spatha, and was sent to the said Emergency room on November 17, 2011, but the roadway was no longer transferred to the Jeju Marine University Hospital to receive prompt rehabilitation treatment on November 19, 2011, and was transferred to the Joseon National University.

B. After having married with the Deceased on 1985, the Plaintiff filed a divorce lawsuit on 2010, the judgment became final and conclusive between the withdrawal of the lawsuit and the Deceased, which was made before the judgment, and the deceased’s judgment were to be combined with the deceased, and the withdrawal of the lawsuit cannot be seen as being accepted.

C. Around January 3, 2012 and around February 1, 2012, the Plaintiff and the Deceased filed a claim for bereaved family’s benefits and funeral expenses against the Defendant. On February 28, 2012, the Defendant decided that the deceased’s death falls under a disaster other than his/her duties, and determined that the deceased’s death falls under a disaster other than his/her duties, and thus, the deposited person was either Plaintiff or D or E, and the Plaintiff received the said disposition from the Plaintiff on February 26, 2016, based on the Gwangju District Court’s Net Branch Decision 2012No 404, the amount of bereaved family benefits and funeral expenses, medical care benefits, etc., KRW 98,12,305 ( KRW 98,112,305, bereaved family’s compensation benefits + KRW 79,660,000 for funeral expenses, KRW 5,559,20 medical care benefits, KRW 312,580,453).

The plaintiff filed a lawsuit against the above disposition at the time of filing the lawsuit.