1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 3, 2016, the deceased E (hereinafter referred to as “the deceased”) was killed by being on board F as a fishing vessel crew member while serving as a fishing vessel crew member and serving as a debris.

B. Defendant B’s wife, Defendant C, and D are the deceased’s children.

C. On November 9, 2017, the National Federation of Fisheries Cooperatives (hereinafter “National Federation”) made a relative and unforeseeable deposit on the part of the Defendants or the Plaintiff claiming that the Defendants are de facto marital relations with the Deceased, as a depositee, KRW 157,967,90, the total amount of bereaved family benefits and funeral expenses under the Fishing Vessel Accident Compensation Insurance Act, under this Court No. 2120, Dec. 9, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 and 8 (including additional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that the Plaintiff was a de facto spouse supported by the Deceased from February 2004 to the time of the death of the Deceased, since the Plaintiff started living together in G from February 2004, and was a de facto spouse supported by the Deceased. As such, the Plaintiff is a first-order beneficiary of survivors’ benefits and funeral expenses of the instant case.

Nevertheless, the Defendants asserted that they are legitimate beneficiaries, and therefore, they seek confirmation that they have the right to withdraw the instant deposit money against the Plaintiff.

B. According to Articles 27(1) and 28(1) of the Act on Accident Compensation Insurance for Fishing Vessels and their bereaved family members, where a fishing vessel crew member, etc. dies in the course of performing his/her duties, a bereaved family member determined by Presidential Decree shall be paid a survivor pension and funeral expenses are paid.

Article 29 (1) of the Enforcement Decree of the Seafarers' Act, which applies mutatis mutandis to Article 23 of the Enforcement Decree of the Seafarers' Act, stipulates "spouse (including a person in a de facto marital relationship), children, parents, grandchildren, and grandparents who were supported by the seafarer at the time of his/her death, as the first surviving family member entitled

On the other hand, considering the family law system of Korea, which has the principle of legal divorce and the principle of prohibition of heavy marriage as the Daejeon, the above law is de facto marital relationship.