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(영문) 서울행정법원 2017.07.13 2016구합6849
보험급여 지급결정 처분 취소
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. As the representative of C, the Plaintiff is the owner of D, E (0.73 tons), and F, and the captain G, the captain G, H, fishing ground B (hereinafter “the deceased”), crew I, J, and K (hereinafter “instant crew”) are seafarers of C, who have been performing the normal fishing gear replacement work.

B. At around 09:00 on January 18, 2015, the instant crew left a port where it is necessary to divide it into a mother line D, paper E, and F in order to replace the paths of No. 21 of the high altitude of the political network fishing ground (No. 0.5 math of the Gangwon-do High-gun, Gosung-gun, Masan-do).

C. During the process of replacing the roadsides for the purpose of subparagraph 21 of the height of the political network fishing ground, the instant crew found the hole attached to the corners of the roadsides, H, the Deceased, and I (hereinafter “disaster crew members of the instant case”) on the same day, by taking off the said hole by using the lifts of D at around 14:30 on the same day, and moved to D in order to let the said hole cut off.

G, K, and J had remaining in F, around 14:50 on the same day, contacted L with the point where the disaster crew members of the instant case did not return to Korea. L was found to be in a part outside the fishing ground of Gosung 30 around 15:48, on the 15:48, and discovered that L was in a part outside the fishing ground of Gosung 30 (N 38:18:22:34:20 mp., 128°30 m.) without showing any disaster crew members and immediately before the sinking.

E. The remaining seafarers in F were in contact with L and arrived at the accident site, but E had already been sunken, and found out that he left the sea as the deceased and I died by searching around the fishing ground, but H could not be found.

(1) The Plaintiff purchased an accident compensation insurance for fishing vessel crew members, etc. under the Act on Accident Compensation Insurance for Fishing Vessels (hereinafter “Insurance for Fishing Vessel crew members”) with respect to the instant accident D and F, the Plaintiff purchased an accident compensation insurance for fishing vessel crew members, etc. (hereinafter “insurance for fishing vessel crew members”) at the time of the instant accident, but with respect to E.

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