보험급여 부지급 결정 취소
1. The Defendant shall pay to the Plaintiff KRW 2,571,370 and the interest rate of KRW 15% per annum from March 18, 2016 to the day of complete payment.
The details and details B of the disposition were entered into C Co., Ltd. (hereinafter “C”) on April 20, 201, and the head of the quality inspection management division served as the director, and died of the brue heart disease caused by the heart beerculation on February 4, 2013.
(hereinafter “B”. The Plaintiff, the wife of the Deceased, claimed for the payment of bereaved family benefits and funeral expenses to the Defendant around July 2014.
On October 21, 2014, the Defendant recognized the death of the deceased as an occupational accident under Article 37(1)1 of the Industrial Accident Compensation Insurance Act, and paid KRW 30,601,760 and funeral expenses to the Plaintiff.
At the time of the death of the deceased, the Defendant identified the average wage as KRW 88,253.1, and calculated each of the above benefits.
Plaintiff
In addition, on September 1, 2014, the deceased’s inheritors filed a claim for wages against C (Seoul Southern District Court 2014Kadan48662). On January 29, 2016, the Seoul Southern District Court sentenced the Seoul Southern District Court to the effect that “C shall pay the Plaintiff KRW 14,904,411, and KRW 9,936,274 and delay damages for delay” by deeming the ordinary wages of the deceased as the total amount of production encouragement allowance and job-related allowance to be the basic pay for the deceased’s ordinary wages.
On March 4, 2016, based on the above civil judgment, the Plaintiff filed a claim against the Defendant for the correction of average wages and the difference in insurance benefits.
On March 18, 2016, the Defendant corrected the average wage to KRW 137,445.65 as at the time of the deceased’s death, and additionally paid KRW 31,853,940 (the difference of the survivor’s pension with respect to the increase in the average wage during the period from March 5, 2013 to February 29, 2016) on the condition that part of the survivor’s right to claim for the increase in the average wage (the end of February 4, 2013 to March 4, 2013) and funeral expenses (hereinafter referred to as “instant claim”) were not paid on the ground that the prescription period has expired pursuant to Article 112(1)1 of the Industrial Accident Compensation Insurance Act.
[Reasons for Recognition] Facts without dispute, entry of Gap 1, 2, and 4 evidence, and the purport of the whole pleadings.