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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Details of the disposition;
A. B, on September 23, 2011, on board as a seafarer of C (hereinafter “C”) and was under emergency call to the Jeju Hospital due to pulmonal difficulty on September 27, 2011, and received treatment from the said hospital, etc. after being diagnosed with the pulmonal slopic slopic slopic slopic slopic slopic slopic slopic slopic slopic slopic slopic slopic slopic slopic slopic slopic
B. The Plaintiff married with the above net B (hereinafter “the deceased”), but on November 11, 201, filed a divorce lawsuit against the Deceased on September 20, 201, the Gwangju District Court rendered a judgment that “the Plaintiff and the Deceased shall divorce” on September 20, 201, and the said judgment became final and conclusive around that time. At the time, the Plaintiff and the Deceased had adult D and E under the supervision of the deceased.
C. On January 3, 2012 and February 1, 2012, the Plaintiff and D filed a claim for survivors’ benefits and funeral expenses under the Fishing Vessel Accident Compensation Insurance Act (hereinafter “Disaster Insurance Act for Seafarers”) with the Defendant on the ground of the deceased’s death. On February 28, 2012, the Defendant: (a) deemed the deceased’s death constituted “accident outside his/her duties”; and (b) notified the Plaintiff of the fact on March 5, 2012, that the deposited person was the Plaintiff or D or E of the fact that the insured’s death constituted “accident outside his/her duties”; and (c) KRW 98,112,305 (= KRW 79,660,00 for funeral expenses of KRW 9,559,20 for survivors’ benefits of KRW 5,312,652 for sickness benefits of KRW 3,580,453).
On the other hand, on March 22, 2013, the Plaintiff and E filed a lawsuit against D that the above insurance benefit claim is claimed to themselves to confirm the existence of the claim for compensation, etc. with the Gwangju District Court 2012Gahap9043, which decided on March 22, 2013, that “the right to claim compensation for bereaved family members against the Defendant on the ground of the deceased’s death is confirmed to be the Plaintiff.” The judgment became final and conclusive on April 11, 2013, and the Plaintiff reserved the objection.