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(영문) 서울행정법원 2020.11.12 2020구합60161

유족급여부지급처분취소

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All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Details of the disposition;

A. C on October 27, 2019, died due to an occupational accident on the same day as C, while engaging in the cateral dismantling work at D plant.

From the following, C is referred to as “the deceased” b).

E on November 5, 2019, as a de facto spouse of the Deceased, claimed bereaved family benefits to the Defendant, and the Plaintiffs (the Plaintiffs, 1988s, and 190s) claimed bereaved family benefits to the Defendant as a child of the Deceased on November 7, 2019.

C. The Plaintiffs are children aged 25 or older who are not entitled to the survivors’ compensation annuity (Article 63(1)2 of the Industrial Accident Compensation Insurance Act), but are survivors who are entitled to the survivors’ compensation annuity, if there is no person entitled to the survivors’ compensation annuity.

(Article 62(2) and 65(1)(2)(d) of the same Act.

On January 21, 2020, the Defendant rendered a disposition of bereaved family benefit site pay (hereinafter “instant disposition”) to the Plaintiffs on the ground that “E is a de facto marital spouse living together with the Deceased and constitutes the person entitled to the survivors’ compensation annuity.”

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 2-1, Eul evidence 8, the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Whether the instant disposition is lawful

A. The Plaintiffs’ assertion mainly worked abroad, and as a resident registration with E, the deceased did not have a de facto marital relationship because they did not share marital life.

E The instant disposition based on the premise that he/she is a de facto spouse is unlawful.

B. In full view of the facts and evidence as seen earlier, Gap evidence No. 2, Eul evidence No. 1, Eul evidence No. 3, 4, 6, and 7 (including paper numbers) and Eul evidence No. 5-1 and Eul evidence No. 5-2, the following facts and circumstances may be acknowledged or known.

According to this, for about seven years and eight months, E is an economic community while living together in a residential area prepared by the same household as the deceased and the resident registration record card, and since February 2016, E is the income of the deceased.