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(영문) 인천지방법원 2016.12.13 2016가합1973
기타(금전)
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A and Plaintiff B are children of the network D (hereinafter “the deceased”), and the Defendant is the mother of the deceased.

B. On July 30, 2015, the Deceased worked for the construction site of the construction site of the construction site of the construction site of the construction site of the dry apartment located in the Daegu-gun Ganpo-gun, Ganpo-gu, Daegu-gu, and died on the same day.

C. In relation to the death of the deceased at the Daegu Regional Headquarters of Korea Workers’ Compensation & Welfare, the Plaintiffs claimed for survivors’ benefits and funeral expenses under the Industrial Accident Compensation Insurance Act.

On November 5, 2015, the head of the Daegu Regional Headquarters of Korea Workers' Compensation and Welfare Service rendered a decision that “The lump-sum survivors' compensation benefits under the Industrial Accident Compensation Insurance Act shall be paid only when there is no person eligible to receive the survivors' compensation benefits. The Plaintiffs constitute the lump-sum survivors' compensation benefits for the deceased’s children aged 19 years or older, but the Defendant exists as the beneficiary of the survivors’ compensation benefits. As such, the Plaintiffs cannot be deemed as the beneficiaries of the lump-sum survivors’ compensation benefits, and there is no proximate causal link between the deceased’s work and

Article 62 (Survivor's Benefits) (1) of the Industrial Accident Compensation Insurance Act shall be paid to bereaved family members in cases where a worker dies due to an occupational reason.

(2) Survivors' benefits shall be the survivors' compensation annuity or the lump-sum survivors' compensation benefits set forth in attached Table 3, but the lump-sum survivors' compensation benefits shall be paid, if no person eligible for the survivors' compensation annuity exists at the time the worker dies.

Article 63 (Scope of Persons Entitled to Survivors' Compensation Annuity) (1) A person entitled to a survivors' compensation annuity shall be married to a spouse among survivors whose livelihood had been supported by the relevant worker as at the time of his/her death (excluding those who were not Korean nationals and were living in foreign countries as at the time of his/her death).

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