1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. B, around 08:18 on August 19, 2017, entered in the closed room of the first floor of the Jung-gu Center in the Dispute Resolution Co., Ltd. and was transferred to the hospital, and died from a sudden functional failure or acute scarcity in relation to the chronic dystyposis disease at around 08:45.

(hereinafter referred to as “the deceased”).

B. On December 6, 2017, the Plaintiff and two children, who are the deceased’s spouse, requested the Defendant to pay bereaved family benefits and funeral expenses, and the Defendant paid funeral expenses to the Plaintiff on May 11, 2018, and the Plaintiff paid bereaved family benefits to the deceased’s children, on the ground that “the deceased is not a bereaved family member who had lived with the deceased at the time of the deceased’s death” (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion is that the instant disposition was unlawful on a different premise, although the Plaintiff constitutes a bereaved family member living together under Article 61 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”).

B. According to Article 5 subparag. 3 of the Industrial Accident Compensation Insurance Act, “bereaved family member” refers to the deceased’s spouse (including a person in a de facto marital relationship), children, etc., and a person entitled to a survivors’ compensation annuity (hereinafter “persons entitled to a survivors’ compensation annuity”) pursuant to Article 63(1) and (3) of the Industrial Accident Compensation Insurance Act refers to the spouse and children of the deceased who were living together with the relevant employee at the time of the worker’s death and are under 25 years of age; however, the person entitled to a survivors’ compensation annuity among the persons entitled to a survivors’

According to Article 61 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, "bereaved family members who lived together with the employee" shall be the same as the employee under the Resident Registration Act at the time of the employee's death.