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(영문) 부산고등법원 2019.05.31 2018누22692
부당이득금징수처분취소
Text

1. The part of the judgment of the court of first instance concerning the revocation of the decision on collection of unjust enrichment shall be revoked.

2. The Defendant on January 2017

Reasons

1. The scope of the judgment of this court is limited to the claim for cancellation of the decision on collection of unjust enrichment filed by the Plaintiff, since the Plaintiff rejected the claim for cancellation of the decision on loss of entitlement to the survivors' compensation annuity, and the appeal was filed only to the part of the claim for cancellation of the decision on collection of unjust enrichment among the judgment of the

2. The reasons why the court stated this part of the disposition are the same as the pertinent part of the reasoning of the judgment of the first instance. Thus, this part of the reasoning of the judgment is acceptable as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

3. Whether the disposition is lawful;

A. The plaintiff's assertion is merely a marriage with C, not a de facto marital relationship.

Nevertheless, under different premise, the instant disposition that the Plaintiff lost the status of the beneficiary of the survivors’ compensation annuity is unlawful.

B. Relevant statutes (attached Form) are as stated in the relevant statutes.

C. Determination 1) Article 64(1)2 of the Industrial Accident Compensation Insurance Act provides that when the bereaved family, who is the person entitled to the survivors’ compensation annuity, is remarried (including cases of de facto marital relationship), the relevant status shall be forfeited.

Here de facto marriage refers to a marital relationship between men and women who are not recognized as a legal couple because they did not report marriage, which is a formal requirement, even though they have the intention of marriage between the parties and have the substance of marital life that can recognize marital life in the objective sense of social order.

Therefore, it is insufficient to say that there is a simple marital relationship or a sporadic marital relationship between the parties to be protected as a de facto marriage because they constitute a de facto marriage, and there is a substance of marital life that can recognize marital life in terms of the social order and social order.

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