logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.03.11 2015구합64039
유족급여 청구서 반려처분 취소 청구의 소
Text

1. On May 11, 2015, the Defendant’s disposition of the bereaved family benefit site payment against the Plaintiff shall be revoked.

2. The plaintiff's remainder.

Reasons

1. Details of the disposition;

A. C (D students; hereinafter referred to as “the deceased”) was a worker affiliated with E (business owner F) and died of a traffic accident involving a front and rear-down vehicle and a congested vehicle during the business trip (hereinafter “instant traffic accident”) on January 28, 2014, on a F-owned Poter Cargo Vehicles (hereinafter “instant vehicle”) driven by G around 06:45.

B. On March 2015, the Plaintiff living together with the deceased claimed the Defendant for the payment of bereaved family benefits and funeral expenses. However, on May 11, 2015, the Defendant rejected each of the above claims for the payment on the grounds that it is difficult to recognize a de facto marital relationship between the deceased and the Plaintiff.

(2) The Defendant paid KRW 99,535,870 to the Defendant’s Intervenor as bereaved family’s benefits and funeral expenses, including the bereaved family’s benefits and the site-based pension.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 22, the purport of the whole pleadings

2. Whether each of the instant sites pay dispositions is lawful

A. The Plaintiff’s assertion was in a de facto marital relationship with the Deceased from around 2003, and thus constitutes a beneficiary of bereaved family benefits and funeral expenses pursuant to Article 5 subparag. 3, Article 62, and Article 63 of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”), each of the dispositions in this case is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. (A) According to Article 71(1) of the Industrial Accident Insurance Act, funeral expenses shall be paid to the bereaved family members who held funeral services; Provided, That where there is no bereaved family who will hold funeral services or where a person who is not a bereaved family arranges funeral services due to extenuating circumstances, the actual cost of funeral services shall be paid to the person who arranges funeral services within the extent of an amount equivalent to the average wage of 120 days.

B. However, in full view of the respective descriptions of Nos. 1 and 2 and the purport of the entire pleadings, the Plaintiff also holds the funeral ceremony of the Deceased.

arrow