The meaning of "where a person dies while serving aboard a fishing vessel due to an injury or disease other than his/her duties while serving aboard a fishing vessel under Article 23 (1) and (2)" prescribed in Article 27 (2) of the Fishing Vessel Accident Compensation Insurance Act.

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

Here, “a case of death while receiving medical care for an injury or disease caused by a reason other than a duty” in Article 23(1) and (2) means a case where a fishing vessel crew member, etc. died within three months from the commencement date of medical care while receiving medical care for an injury or disease caused by a reason other than duty while serving aboard.

Articles 23 (1) and (2) and 27 (2) of the Act on Accident Compensation Insurance for Fishing Vessels and Fishing Vessels

Plaintiff 1 and one other (Attorney Mana et al., Counsel for the plaintiff-appellant)

National Federation of Fisheries Cooperatives (Law Firm Barun, Attorneys Kim Dong-dong, Counsel for defendant-appellant)

Seoul High Court Decision 2017Nu81948 decided April 27, 2018

All appeals are dismissed. The costs of appeal are assessed against the plaintiffs.

The grounds of appeal are examined.

1. A. The main sentence of Article 27(2) of the Act on Accident Compensation Insurance for Fishing Seafarers and Fishing Vessels (hereinafter “Act on Accident Compensation for Fishing Vessels”) provides that where fishing vessel crew members, etc. die due to reasons other than their duties while on duty (including cases where they died while receiving medical care due to injury or disease due to reasons other than duties while on duty under Article 23(1) and (2). Article 23(1) and (2) of the Act provides that the Defendant shall pay only the expenses within the first three months of the period of medical care as medical care when the fishing vessel crew members, etc. were injured or suffer from a disease due to reasons other than duties while on duty.

B. Here, “where a fishing vessel crew member, etc. died while receiving medical care due to 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 due to an injury or disease that occurred for reasons other

(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 benefits for bereaved family members for an accident caused by reasons other than duties while on board in the case of fishers, etc. This is intended to protect fishing vessel crew members, etc. by recognizing accident compensation outside of duties even in cases where it is difficult to recognize job relationship in consideration of the characteristics of the working environment, as well as the characteristics of the work environment, it is highly probable that an accident may occur while on board in the work.

However, considering the unique nature of the above provision that does not require an accident on duty, and the financial burden therefrom, Article 23(1) and (2) of the above Act limits the scope of the medical care benefits paid for an accident caused by a reason other than duties to the expenses for the first three months of the period of medical care. Such intent should be equally considered in interpreting the main text of Article 27(2) of the above Act regarding survivor benefits. In particular, if the injury or disease caused by a prolonged period of medical care is included in the beneficiary of survivor benefits without any limit of the period, if the injury or disease caused by the prolonged period of medical care is included in the beneficiary of survivor benefits without any limit of the period of medical care, it may result in unreasonable consequences that make it difficult to clearly distinguish whether the injury or disease caused by the elderly is the main cause of death or other disease caused by the elderly.

The main text of Article 27(2) of the Seafarers’ Accident Insurance Act, considering the aforementioned overall circumstances, includes “where a seafarer, etc. dies while receiving medical care due to injury or disease other than his/her duties on board,” as eligible for bereaved family benefits; however, it is reasonable to interpret the scope of “within the period during which medical care benefits under Article 23(1) and (2) are provided” and “within three months from the date of commencement of medical care.”

(2) The legislative purpose of the Seafarers Disaster Insurance Act is to promptly and fairly compensate for accidents suffered by fishing vessel crew members, etc. engaged in coastal or inshore fisheries by having them automatically enter into an accident compensation insurance for fishing vessel crew members, etc., and having them pay insurance benefits to fishing vessel crew members, etc., in comparison with the owners, etc. engaged in marine transportation or ocean fisheries, or having them pay insurance benefits to fishing vessel crew members, etc. who are engaged in coastal or inshore fisheries. The Seafarers Disaster Insurance Act basically stipulates the types and details of insurance benefits as the same as the accident compensation under the Seafarers Act, except as otherwise provided by the Defendant who is not the shipowner.

Article 94(2) of the Seafarers' Act provides that, like Article 23(1) and (2) of the Seafarers' Disaster Insurance Act, where a seafarer is injured or ill due to reasons other than his/her duties while on board, only expenses necessary for medical care shall be paid as compensation for medical care for up to three months. The main sentence of Article 99(2) of the Seafarers' Act provides that a shipowner shall make compensation for bereaved family members in cases where a seafarer dies (including a death during medical care under Article 94(2)) due to reasons other than his/her duties while on board. In such cases, the term "under medical care under Article 94(2)" should be construed as "the period during which medical care is paid under Article 94(2) of the Seafarers' Act. In light of the relationship between the Seafarers' Act and the Seafarers' Disaster Insurance Act, the main sentence of Article 99(2) of the Seafarers' Act should be considered in interpreting the main sentence of Article 27(2) of the Seafarers' Disaster Insurance Act.

(3) The main text of Article 27(2) of the former Act on Accident Compensation Insurance for Fishing Vessels and the former Fishing Vessels Act prior to the amendment by Act No. 9727 of May 27, 2009 provides that “where a fishing vessel crew member, etc. died (including a death during medical care due to an injury or disease, other than his/her duties, while on duty) due to any reason other than his/her duties while on duty, the Defendant paid bereaved family benefits to his/her bereaved family members.” Moreover, through the amendment of May 27, 2009, the term “in accordance with Article 23(1) and (2)” was added to the term “in accordance with Article 23(1) and (2), including cases of death during medical care due to an injury or disease other than his/her duties while on duty in accordance with Article 23(1) and (2).” This is to clearly indicate that the payment of bereaved family benefits should be made only in cases of death during the period during which medical care benefits are provided.

(4) Article 27(1) of the Seafarers’ Accident Insurance Act provides that “in the event of death in the course of performing duties,” and “in the event of death in the course of receiving medical care due to occupational injury or disease” subject to the payment of survivors’ benefits without limitation. As seen earlier, the main text of Article 27(2) of the Seafarers’ Accident Insurance Act provides that “in the event of death in the course of receiving medical care due to reasons other than duties while on duty,” and “in the event of death in the course of receiving medical care due to injury or disease due to reasons other than duties on duty” subject to survivors’ benefits can be deemed to be aimed at protecting more strongly than those of ordinary workers to whom the Industrial Accident Compensation Insurance Act applies, taking into account the characteristics of the working environment, etc. The issue of specifically determining the criteria and contents of social security benefits, one of the social security benefits, including the situation of the Industrial Accident Compensation Insurance Fund, the State’s financial ability, the overall level of social security, and the characteristics of the system itself, etc., within the scope of the legislative discretion granted to the legislative person.

In this premise, taking into account such circumstances as the fact that, if an injury or disease on board has contributed to the cause of death even if part of the cause of death, it would be an excessive burden on the insurance finance if the payment of survivors’ benefits is made without any limit of the period, and that, if the period of medical care is prolonged, there is a high possibility that the injury or disease other than the injury or disease on board would occur during death, it cannot be deemed that the main text of Article 27(2) of the Seafarers Disaster Insurance Act to treat differently as to whether to pay survivors’ benefits on the basis of the time of death

2. In the same purport, the lower court determined that, on November 2, 2012, when the deceased, who is a seafarer of a fishing vessel, was on board ○○○ on the ground other than his/her duties, died on June 5, 2016, after having received medical care on the same day and received medical care from the same day, and thereafter died on the same day, the deceased’s bereaved family member did not constitute the subject of bereaved family benefits under the main sentence of Article 27(2) of the Seafarers Disaster Insurance Act. In so determining, the lower court did not err by misapprehending the legal doctrine on the interpretation and application of the main sentence of Article 27(2) of the Seafarers Disaster Insurance Act, contrary to what is alleged in the grounds of

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Seon-soo (Presiding Justice)