All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

The grounds of appeal are examined.

1.(a)

The main text of Article 27(2) of the Act on Accident Compensation Insurance for Fishing Seafarers and Fishing Vessels (hereinafter referred to as the "Act on Accident Compensation for Fishing Seafarers") provides that the defendant shall pay bereaved family benefits to bereaved family members in cases where the fishing vessel crew members, etc. die due to reasons other than their duties while on board (including cases where they died while receiving injury or disease due to reasons other than duties while on board under Article 23(1) and (2). Article 23(1) and (2) provides that the defendant shall pay only the expenses within the first three months of the period of medical care where the fishing vessel crew members, etc. are injured or suffer from a disease due to

B. Here, “where a fishing vessel crew member, etc. died while receiving medical care for an injury or disease for reasons other than his/her duties while serving aboard ship under Article 23(1) and (2)” means a case where a fishing vessel crew member, etc. died within three months from the date of commencement of medical care while receiving medical care for an injury

The reasons are as follows.

(1) Unlike the Industrial Accident Compensation Insurance Act that requires the payment of insurance benefits only for an employee’s occupational accident, Article 23(1) and (2) of the Seafarers’ Accident Insurance Act and the main text of Article 27(2) of the same Act require the payment of medical care benefits and bereaved family benefits for an accident caused by reasons other than duties while on board fishing vessel crew members, etc.

This is to protect fishing vessel crew members, etc. by recognizing accident compensation on duty while on board even if it is difficult to recognize duty relationship considering that there are many cases where it is difficult to clearly identify the relevance of accidents and duties, etc. as well as the risk of accidents while on board as well as on duty due to the characteristics of the working environment.

However, on the other hand, the above provision does not require an accident on duty.