In writing only: email and e-filing

KSTGeneral information, not legal advice
Synthetic · simulationNot a real case

Which relatives fall inside the class entitled to the survivors' pension, and which ones does this provision leave outside it?

General information · Not legal advice

Material to check

For this exercise, the file would hold the worker's death certificate, the family register showing each relative's relationship and age, and papers on each relative's nationality and place of residence at the time of death. Records of the shared household, and a disability certificate, would matter for the items that turn on those facts.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading takes the class as a whole: only relatives who were sharing a livelihood with the worker at the moment of death qualify, and among them only the spouse and the listed relatives meeting the age thresholds the provision sets, together with disabled relatives of those classes whose disability reaches the degree set by ordinance; relatives who at that moment were non-Korean nationals living abroad are excluded.

Another reading notes that the provision itself does not say what sharing a livelihood means, leaving that standard to the Presidential Decree, and leaves the required degree of disability to a ministerial ordinance, so this text fixes who may be considered while the tests that decide many files sit in instruments it does not reproduce.

Your judgment

When a relative kept a separate household but received steady support from the worker, what in the file could show whether the two were sharing a livelihood at the time of death?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We look at this again if the Presidential Decree criteria for sharing a livelihood are amended, or if a court decision clarifies the exclusion of relatives who were non-Korean nationals living abroad.

Take this question furtherWhat stays with the party
You are reading PRO SE
RISCON Labsrisconlabs.com