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(영문) 서울고등법원 2019.05.31 2018누76431
대체지급보험급여금 지급청구 반려처분 취소의 소
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s survivor’s benefits against the Plaintiff on April 6, 2018.

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, except for the dismissal or deletion of the following among the reasons for the judgment of the court of first instance. Therefore, it shall be cited in accordance with the reasoning of the judgment of the court of first instance.

5 pages 2 (Do marks are excluded from the number of parallels; hereinafter the same shall apply) " shall be recognized".

6. The "However," of six pages, will be deleted.

From 7 pages 5 up to 8 pages 20 up to as follows:

In light of the following circumstances, which can be recognized by comprehensively taking account of the descriptions in subparagraph 5 and the purport of the entire argument as stated in subparagraph 5, it is reasonable to deem that the Plaintiff filed a claim for the payment of alternative insurance benefits to the Defendant for the payment of survivors’ benefits by meeting the requirements prescribed in Article 89 of the former Industrial Accident Insurance Act and Article 82 of the former Enforcement Decree of the Industrial Accident Insurance Act. Therefore, the Defendant’s disposition on a different premise should be revoked unlawfully. (1) The instant agreement states that “The survivors shall actively cooperate with the Plaintiff when transferring all rights, such as the Industrial Accident Insurance Act, possessed by the survivors, and the Plaintiff claims and receives funeral expenses, etc. under the Industrial Accident Insurance Act,” and that “the power of attorney shall delegate all authority, such as the right to receive lump-sum payment of the survivors’ benefits under the Industrial Accident Insurance Act related to the deceased.” This appears to be due to the fact that the survivors were paid by the Plaintiff the amount equivalent to the insurance benefits (the funeral expenses and survivors’ benefits).”

2. The bereaved family members received KRW 270,00,000 from the Plaintiff in accordance with the instant agreement, and then prepared and delivered to the Plaintiff a written claim for the payment of bereaved family benefits, funeral expenses, a certificate of substitution of insurance benefits, and a power of attorney. The Plaintiff and the bereaved family members who are parties to the instant agreement shall be KRW 270,000,000 at the time of the instant agreement.

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