2017dden3662 Confirmation of the existence of de facto marital relations

A (1960s)

Busan Address

Jeonnam of the original domicile

Prosecutor of Busan District Prosecutor

June 7, 2017

June 21, 2017

1. It is confirmed that a de facto matrimonial relationship existed between the Plaintiff and the deceased Eul (the birth in 1964, the south) from January 2009 to September 11, 2016.

2. The costs of lawsuit shall be borne by each person;

The order is as set forth in the text.

1. Facts of recognition;

A. The plaintiff met or came to know the net B (hereinafter referred to as "the deceased") with the introduction of the winter-gu in 2006, and around January 2009, the plaintiff, his father, and the deceased lived together with the plaintiff, his wife, and the deceased in their residence.

B. On February 22, 2009, the Plaintiff and the Deceased were married with their relatives and descendants.

C. On April 28, 2013, the Plaintiff’s father married on April 28, 2013, and indicated the deceased as his father at his marriage ceremony, and the deceased appeared as his father even in his marriage ceremony. The deceased was present at A’s father’s father’s husband’s husband’s husband’s husband’s remains.

D. On October 23, 2009, the Plaintiff, as the deceased, entered into each insurance contract with each of the insured workers * Fire-Sharing professional profa0910 insurance contracts, August 29, 2014 * Fire-Free professional profaba0, and 1404, respectively.

E. The Plaintiff purchased a vehicle (40 fish 4***) without a driver’s license, and July 25, 2015.

Upon entering into an automobile insurance contract for the above vehicles, the spouse specified as the deceased and entered into a limited special agreement for marital drivers.

F. From February 17, 2015 to August 11, 2016, the Deceased remitted his/her salary to the Plaintiff’s deposit account every month.

G. The Deceased used a Handphone in the name of the Plaintiff, and the Plaintiff’s Handphone number “each time”.

The term "storage" was stored, frequently exchanged with the Plaintiff, and dialogueed into Kakakao Stockholm.

H. The Deceased died on September 11, 2016 *** In-depth accident (hereinafter referred to as “instant accident”) working on apartment site.

I. On September 11, 2016, the Plaintiff’s deception B entered into a funeral service contract with the hospital**, and on September 13, 2016, the Plaintiff filed an application for cremation of the deceased’s body with the Busan Facilities Corporation and completed cremation. The funeral expenses incurred by the Plaintiff.

(j) On November 13, 2016, Co., Ltd.** Construction, etc. agreed with the bereaved family members of the deceased (the Plaintiff, A, the deceased, and the South and North Koreans) on the compensation for damages. Family benefits and funeral expenses pursuant to the Industrial Accident Compensation Insurance Act are paid and received by the bereaved family members directly claim to the branch office of the Korea Workers’ Compensation and Welfare Service, and the certification of de facto marriage is included in an agreement with the Plaintiff.

(k) In the Plaintiff’s residence, clothes, shoess, bags, drivers’ licenses, passports, etc. used by the deceased before their birth and daily necessities remain.

[Ground of recognition] The evidence Nos. 1 through 6 and all purport of the pleading

2. Determination:

As above, the Plaintiff and the Deceased were living together with the Plaintiff from January 2, 2009 to the time of their death; they were married in public on February 22, 2009; they maintained the same relationship with the Plaintiff’s father by attending the Plaintiff’s marriage ceremony as his father; in light of the automobile insurance contract, automobile insurance contract, and the details of the transfer of the deceased’s salary, etc., the Plaintiff and the Deceased appears to have lived economically and economically; and the funeral awareness of the Deceased was led by the Plaintiff. In full view of the foregoing, it is recognized that the Plaintiff and the Deceased had a marital relationship by having the substance of marital life from January 2009 to September 11, 2016, where the Deceased died, and had a de facto marital relationship not only with the report of marriage.

In addition, the plaintiff has a benefit to seek confirmation that there was a de facto marital relationship with the deceased in order to receive bereaved family benefits, etc. according to the instant accident.

3. Conclusion

If so, the plaintiff's claim is justified.

Judges Yoon Jae-nam