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(영문) 춘천지방법원 2018.07.03 2017구합50513
유족위로금 부지급처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the disposition;

A. The deceased C (hereinafter “the deceased”) worked as a mining source in D Mining Center, and died on September 2, 2016 from the pulmonary Witness of Pneumoconiosis.

B. On October 29, 2014, the Plaintiff completed the marriage report with the Deceased.

E and the Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) are children of the Deceased.

C. The Plaintiff filed an application with the Defendant for the payment of bereaved family consolation benefits following the deceased’s death, but on March 20, 2017, the Defendant rendered a decision to pay consolation benefits to the Plaintiff on the ground that “the deceased bequeathed the deceased’s pneumoconiosis consolation benefits before death through a notarial deed (Evidence No. 1) to the supplementary intervenor, and thus, the beneficiary of pneumoconiosis consolation benefits under Article 24(4) of the Act on Prevention of Pneumoconiosis and Protection, etc. of Pneumoconiosis Workers (hereinafter “ Pneumoconiosis Prevention Act”) and Article 65(4) of the Industrial Accident Compensation Insurance Act is an supplementary intervenor (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, entry of Gap's evidence 1 through 4, the result of this court's order to submit documents to the president of the Korea Labor Welfare Corporation, the whole purport of the pleading

2. Whether the instant disposition is lawful

A. In light of the following circumstances, a notarial deed (No. 1) which is the basis of the disposition of the instant case has no effect as a testamentary document under Article 1068 of the Civil Act.

Therefore, the instant disposition is unlawful on a different premise.

1) Since F and G, which were written as a witness in the evidence No. 1, worked as an employee in the law firm I branch in which a notary public H had been operated, F and G constitute “persons interested in the matters commissioned” under Article 3(3)4 and 5 of the Notary Public Act, or “persons who are or were agents or assistants with respect to matters commissioned” under Article 1072(2) of the Civil Act, and thus can become a witness in a notarial will pursuant to Article 1072(2) of the Civil Act.

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