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(영문) 서울행정법원 2020.11.20 2019구합6161
유족급여및장의비부지급처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On March 14, 2019, the network B (hereinafter referred to as “the network”) was killed due to an occupational accident while being engaged in replacement work with a motor vehicle lifts.

B. The Plaintiff, as a de facto spouse of the deceased, demanded the Defendant to pay bereaved family benefits and funeral expenses.

However, on July 11, 2019, the Defendant rendered a disposition of bereaved family’s benefits and funeral expenses (hereinafter “instant disposition”) to the Plaintiff on the ground that it is difficult to recognize a de facto marital relationship between the Plaintiff and the Deceased.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is the spouse of a de facto marriage of the deceased living together with the deceased, who lived together in the same livelihood as the deceased’s and the prime city D apartment, and E from April 5, 2016 to the time when the deceased died.

Therefore, the defendant's disposition of this case must be revoked illegally.

(b) as shown in the attached Form of the relevant statutes;

C. According to Article 71(1) of the Industrial Accident Compensation Insurance Act, where a worker dies due to an occupational reason, funeral expenses shall be paid to the bereaved family members who held the funeral.

However, according to the evidence No. 1, No. 14, and No. 15, the funeral of the deceased is recognized to have been executed by F, who is the son of the deceased, and the plaintiff also did not attend the funeral ceremony of the deceased or bear any funeral expenses.

Therefore, among the dispositions of this case, the part of the decision of the funeral site payment against the plaintiff is legitimate.

Of the instant disposition, determination on the determination of the bereaved family’s benefit site level 1) The spouse entitled to the bereaved family’s benefit under the Industrial Accident Compensation Insurance Act includes “person in a de facto marital relationship” (Article 5 subparag. 3, Articles 62, and 63), and de facto marriage has the intention to marry between the parties.

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