유족급여및장의비부지급처분취소
1. The Defendant’s missing benefits of the Plaintiff on March 10, 2014, KRW 5,133,725, bereaved family benefits of the Plaintiff, KRW 116,213,50, funeral expenses of the Plaintiff, and funeral expenses of KRW 10.
1. Details of the disposition;
A. B as the father of the Plaintiff, served as C’s deck.
B. C on July 22, 2013, the engine failure or was towed by D, which is the same line as the wind, in the course of fishing in the near sea near the Yannam-gun, Chungcheongnam-do. At around 13:00 on the same day, C anchored at sea at approximately 200 meters prior to the arrival of the Yanannam-gun, Yannam-gun, Yannam-do.
B On July 22, 2013, at D around 20:00, 200 the same day, the telephone conversations with the Plaintiff and the Plaintiff was missing since 22:00 on the same day, and the report of disappearance was made by the crew members of the same day, and is missing until now.
C. Around November 2013, the Plaintiff filed a claim with the Defendant for the payment of survivor’s benefits, funeral expenses, and missing benefits. However, the Defendant, upon legal advice, determined that the payment of survivor’s benefits and funeral expenses should be made after the death or the general disappearance of the person on board, and that the person in the order of survivor’s benefits and funeral expenses should be determined after the completion of the instant investigation agency, as there is dispute as to whether E is a child, and thus, it is reasonable to determine whether the person is a bereaved family member. Accordingly, it is reasonable to determine that only KRW 116,213,725 of the missing benefits paid to the Plaintiff on March 10, 2014, and at the same time, determined to pay KRW 116,727,40 for funeral expenses, KRW 10,727,40 for funeral expenses, and KRW 1/2 of the missing benefits, KRW 5,13,725 for the determination of the bereaved family’s benefits and the site for missing benefits (hereinafter collectively referred to “instant benefits”).
On the other hand, the defendant paid 5,133,725 won to the plaintiff on April 9, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 4 (including branch numbers, if any) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
(a)a party’s assertion (1).