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(영문) 울산지방법원 2016.05.26 2015구합6594

보험급여대체지급청구서(유족급여및장의비)반려처분취소

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1. On September 16, 2015, the Defendant rendered a disposition to return a claim for substitute payment of insurance benefits (bereaved Family Benefits and Funeral Expenses) to the Plaintiff.

Reasons

1. Details of the disposition;

A. On October 21, 2013, a shipbuilding of Chinese nationality A (hereinafter “A”) had been employed by the Plaintiff, and was in charge of the installation of a visa.

B. On July 15, 2014, at around 09:45, the Deceased, a subcontractor of the Plaintiff, felled from the work launch plate at a height of about seven meters high from the total of seven meters, while the Deceased-gun, Ulsan-gun, Seoul Special Metropolitan City, Inc., Ltd., located in 216-18 in the shipbuilding yard of Sejong Heavy Industries, which was located in 216-18, in the shipbuilding yard of Sejong Heavy Industries, which was located in the shipbuilding yard of Sejong Heavy Industries, for the purpose of installing a sunlight at the outside of the vessel block.

(hereinafter “the instant accident”). The Deceased transferred to B Hospital due to the instant accident, but died due to double damage around 11:45 on the same day.

C. On July 24, 2014, the Plaintiff filed an agreement on damages (including bereaved family’s compensation, funeral expenses, etc.) due to the death of the deceased (hereinafter “instant agreement”) with C and D, his/her father, who is his/her father, claiming that he/she is a de facto spouse of the deceased.

1. The Plaintiff shall pay to C and D a total of KRW 190,000,000 (hereinafter “instant amount”) with the agreed amount of damages (including all damages, such as survivors’ benefits, lost profits, consolation money, etc. under the Industrial Accident Compensation Insurance Act) caused by the instant accident, and deposit KRW 190,00,000 with D’s account on behalf of C and D until July 24, 2014.

C. D waives all the rights to claim and receive the Industrial Accident Compensation Insurance Act (bereaved Benefits) and all other insurance after the receipt of the instant agreed amount, and instead, the Plaintiff has the authority to claim and receive all insurance, such as survivor benefits under the Industrial Accident Compensation Insurance Act.

2. The plaintiff actively cooperates in funeral proceedings of C and D, and pays all the following expenses.

3. C and D shall receive the money referred to in paragraph 1 above from the Plaintiff and shall be the Plaintiff and the corporation.