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(영문) 서울행정법원 2021.01.14 2019구합77644
유족급여및장의비부지급처분취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit include the part resulting from the participation by the Plaintiffs.

Reasons

Facts of recognition

D, Inc. (hereinafter “Co., Ltd.”) was working at the first factory restaurant of E Co., Ltd. (hereinafter “Co., Ltd.”).

On April 21, 2018, the Plaintiff died from a fire that occurred in the front corridor of the said restaurant (hereinafter “D”). The Plaintiff was FF, the Plaintiff B was the deceased’s child due to G residents, and the Intervenor’s assistant participant (hereinafter “the Intervenor”) was the mother of the deceased as H. The Intervenor was 25 years old, 26 years old, and 65 years old at the time of the death of the deceased.

Gu Industrial Accident Compensation Insurance Act (amended by Act No. 15665, Jun. 12, 2018)

c. The term “law” (hereinafter referred to as “law”) means a person who has lived with a deceased worker due to an occupational reason.

A survivor’s compensation annuity shall be paid in order of children under the age of 19 and parents over 60 years (Article 63 of the Act). In the absence of a person entitled to a survivor’s compensation annuity, a lump-sum amount for bereaved family’s compensation shall be paid in order of children and parents’ order (Article 65 of the Act). The Defendant, October 1, 2018, supported by the Intervenor’s livelihood as at the

Since a person is over 60 years of age, senior bereaved family compensation annuity is paid to the intervenor from that time on the ground that he/she is qualified to receive senior bereaved family compensation pension.

The Plaintiffs did not live together with the Deceased on November 15, 2018, and sought a lump-sum payment for bereaved family members’ compensation to the Plaintiffs, but the Defendant did not share the same livelihood between the Intervenor and the Deceased on June 10, 2019.

The grounds to view are insufficient. On the other hand, according to the taking-over following the rehabilitation procedure on October 23, 2018, the Plaintiffs received the Intervenor’s claim for damages due to the death of the deceased due to the instant fire (the Incheon District Court Decision 2018No. 61481, Sept. 27, 2019). Meanwhile, according to the taking-over following the rehabilitation procedure, the Plaintiffs were “J of the Debtor Rehabilitation E Co., Ltd., Ltd., the taking-over of the lawsuit by the administrator of the Debtor E Co., Ltd. (the taking-over of the lawsuit by the administrator of the Debtor Rehabilitation E Co., Ltd.).

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