1. The part of the judgment of the court of first instance against the plaintiff, which orders revocation below, shall be revoked.

2...

1. Details of the disposition;

A. On June 3, 2017, B died due to a fire that occurred in C, which is the workplace to which he belongs (hereinafter “instant disaster”).

(hereinafter referred to as “the deceased”). B

On June 5, 2018, the Plaintiff filed a claim against the Defendant for survivors’ benefits and funeral expenses on the ground that he/she is the deceased’s spouse in a de facto marital relationship. However, on August 13, 2018, the Defendant rendered a disposition against the Plaintiff on the ground that “it is difficult to recognize a de facto marital relationship between the Plaintiff and the deceased” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is the de facto spouse of the deceased living together with the Daegu Dong-gu, where the deceased died from July 5, 2003 to June 3, 2017, when the deceased died from the disaster of this case.

Therefore, the instant disposition made by the Defendant on the ground that the de facto marital relationship between the deceased and the Plaintiff cannot be recognized should be revoked as unlawful.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. Determination 1) The spouse entitled to bereaved family benefits under the Industrial Accident Compensation Insurance Act includes “a person in a de facto marital relationship” (Article 5 subparag. 3, Articles 62, 63, and 65), and a de facto marital relationship refers to a combination of men and women not recognized as a legally married couple because they did not report a marriage, which is the formal requirement, even though they have the intention of marriage between the parties and are carrying out a real marital life which is socially justified, and thus, in order for a de facto marital relationship to be established, there is a substance of marital life that can be recognized as a marital life in terms of social order, even if the parties have subjective intent to marry between themselves and objectively, in view of social norms (see Supreme Court Decisions 2005Du15595, Mar. 24, 2006; 2007Do3952, Feb. 14, 2008).