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(영문) 서울행정법원 2018.11.15 2017구합84150
유족급여및장의비부지급처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part arising from the supplementary participation.

Reasons

1. Details of the disposition;

A. On June 2, 2017, Nonparty E was on duty at a construction site, etc., and on June 13:33, 2017, Nonparty E was on board a Scarcle at a scarcle at a height of about 45 meters above the ground at the 1st reconstruction site of Yeongdeungpo-gu Seoul Metropolitan Government F apartment 1, and died from the boom of the above Scarcle at a height of about 45 meters above the ground.

(hereinafter referred to as “instant accident”) and E.b.

Around that time, the Plaintiff filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant that the instant accident constitutes occupational accidents and has a de facto marital relationship with the Deceased. However, on August 22, 2017, the Defendant decided not to pay survivors’ benefits on the ground that the Plaintiff cannot be deemed to have a de facto marital relationship with the Deceased.

[However, funeral expenses, however, decided to pay to the plaintiff and the non-party G (the deceased's sheshesheshesheshesheshesheshes) who held the funeral; hereinafter "the disposition of this case" in the bereaved family benefit site pay disposition against the plaintiff]

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that, upon introduction of a land manager for about seven years prior to the death of the deceased, the Plaintiff liveded with the deceased and maintained a de facto marital relationship with the deceased from June 5, 2014 to the time when the deceased died.

Nevertheless, the Defendant rendered the instant disposition that the Plaintiff was not in a de facto marital relationship with the Deceased, and thus, the instant disposition is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Facts of recognition 1) The Plaintiff is married to Nonparty J and married to Nonparty J on March 201, and the agreement is married to around March 2001, and is living together with two daughters on the Seoul Jung-gu M and the second floor. The Plaintiff is married to the two daughters around February 201.

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