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(영문) 광주지방법원 2015.11.19 2014구단10434
유족급여부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On September 23, 2013, the deceased B (hereinafter referred to as “the deceased”) was on board “C”, a vessel of 23 tons coastal oil shipment, and was on duty as a seafarer, on September 25, 2013, when he/she was on duty as a seafarer, he/she was seated on a rail rail at the aft 1.2 nautical miles of the west-gun, Jindo-gun, Jindo-gun, Jindo-gun on September 25, 2013, when he/she was on duty as a seafarer.

(hereinafter “instant accident”). (b)

On May 27, 2014, the Plaintiff, his father, claiming that the deceased’s death was an occupational accident, and filed a claim for the payment of bereaved family benefits with the Defendant. On May 27, 2014, the Defendant rendered a decision on the payment of bereaved family benefits (hereinafter “instant disposition”) against the Plaintiff on the ground that “the deceased’s death was caused by his intentional or gross negligence, and thus, the deceased’s death was not subject to the bereaved family benefits payment, and the beneficiary

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion may be dumped by falling into the sea by falling into the sea, because the Plaintiff left the stern to see the dump on the ship, which is shakeing down in the wave.

In other words, the deceased is not a death due to his intentional or gross negligence.

In addition, at the time of the death of the deceased, the plaintiff is the only second-class heir of the deceased, who is not supported by the deceased.

Nevertheless, the disposition of this case in the above different purport shall be revoked as it is illegal.

(b) Average boarding wages on board to a bereaved family member prescribed by Presidential Decree (hereinafter referred to as "bereaved family member") where a fishing vessel crew member, etc. dies in the course of performing his/her duties (including where he/she dies in the course of medical treatment due to an occupational injury or disease; hereinafter the same shall apply);

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