logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2017.06.23 2016구합62504
유족급여부지급처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Details of the disposition

On May 28, 2009, the deceased C (hereinafter referred to as “the deceased”) was involved in an accident falling down below the cargo vehicle while loaded the residues on the flapsing of the street on the cargo vehicle and moving them.

(2) On June 19, 2015, the Deceased died of the injury, such as an external wound, and the deceased died of the pulmonary fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fla

The Plaintiff A (E) and B (F) and the People's Republic of China, the parent of the Deceased, claimed for the payment of bereaved family benefits and funeral expenses to each Defendant, as the death of the Deceased constitutes an occupational accident.

On February 15, 2016, the Defendant recognized the deceased’s death as an occupational accident, and decided the payment of survivors’ benefits to G. On February 15, 2016 (hereinafter “instant disposition”) on the ground that the Plaintiffs were living separately at the deceased’s other address at the time of the death.

(C) The Plaintiff’s assertion as to the legitimacy of the instant disposition is a bereaved family member who lives together with the deceased at the time of the death of the deceased, and the Plaintiff’s assertion as to the legitimacy of the instant disposition as to the purport of the entire pleadings, including the following: (a) facts without dispute; (b) evidence Nos. 1, 2, 4, 8, and 12 (including each number; hereinafter the same shall apply); (c) and (d) evidence Nos. 1, 2, and 5; and (d) the purport of the entire argument.

G Since the deceased was in fact divorced from the deceased before his death, G cannot be considered as a spouse who is an eligible beneficiary under the Industrial Accident Compensation Insurance Act. Since he did not live together with the deceased at the time of his death, he does not constitute the eligible beneficiary of the survivors’ compensation annuity.

Therefore, the plaintiffs are entitled to receive the survivors' compensation annuity as the only beneficiary, and the plaintiffs are the deceased and their livelihood at the time of their death.

arrow