유족보상일시금 및 장의비 부지급처분취소
1. Revocation of the first instance judgment.
2. The lump-sum survivors’ compensation and funeral expenses that the Defendant rendered to the Plaintiffs on September 21, 2016.
1. The reasoning for the court’s explanation as to the details and content of the disposition is the same as that of the judgment of the court of first instance, and thus, citing it pursuant to Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
2. Determination
(a) The details of the relevant statutes are as shown in the attached statutes;
B. Article 62(2) of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”) provides that bereaved family benefits shall be the survivors’ compensation annuity or lump-sum survivors’ compensation benefits, but the lump-sum survivors’ compensation benefits shall be paid in cases where a worker does not have a person entitled to the survivors’ compensation annuity at the time of the worker’s death (hereinafter “persons entitled to the survivors’ compensation annuity”).
B) Article 63(1) of the Industrial Accident Insurance Act provides that a person entitled to a survivors’ compensation annuity shall be the spouse, children, parents, grandchildren, grandparents, or grandparents of those who were living together with the worker at the time of the worker’s death and who are under 60 years of age or older (Article 63(1)1); a person who is under 19 years of age or is under 60 years of age or older (subparagraph 2); a child, parent, grandchild, grandparent, grandparent, or sibling who does not fall under any of subparagraphs 1 through 3 of Article 2 of the Act on Welfare of Persons with Disabilities (subparagraph 4); and Article 63(3) of the Enforcement Decree of the Industrial Accident Insurance Act provides that the person entitled to a survivors’ compensation annuity shall be the deceased person’s spouse, children, grandchildren, grandparents, grandparents, and siblings who have been living together with the worker at the time of the worker’s death shall be in the order of priority in the right to receive the survivors’ compensation annuity (Article 61 of the Enforcement Decree of the Industrial Accident Insurance Act).