beta
(영문) 서울행정법원 2015.03.06 2014구합70037

보상금등지급신청기각결정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On September 23, 2013, the Plaintiff’s husband’s husband deceased on the 24th of the same month due to the LPG gas explosion accident (hereinafter “instant accident”) occurred in G, a gas delivery business entity located in Daegu-gu, while carrying out patrol at the Do newsletter around 23:45, around September 23, 2013.

B. On May 8, 2014, the Plaintiff filed a claim for the payment of the survivors’ pension on duty on the deceased’s death with the Defendant for the same year.

7. On 14. The Plaintiff rendered a disposition rejecting payment (hereinafter “the instant disposition”) on the ground that “The deceased’s duty performed by the deceased is difficult to be deemed as the duty performed at the risk of causing high risk to his life and body. ② The deceased’s death cannot be deemed as the direct cause of a high risk in the course of performing high risk duties as stipulated in Article 3(1)2(a), (b), and (m) of the Public Officials Pension Act. ③ In light of the fact that the deceased’s death caused by a gas explosion that occurred during the performance of his duty and falls under “the death on official duty” as stipulated in Article 61 of the same Act, the deceased’s death is difficult to be deemed as the direct cause of the high risk during the performance of duties that meet the requirements as stipulated in Article 3(1)2 of the same Act.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 3 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion during night patrols that are highly likely to cause various crimes or risks, and the Daegu-gu H, Daegu-gu, where the instant accident occurred frequently occurred for an unspecified person. The instant accident caused an employee of a gas delivery business that has conducted a liquefied petroleum gas filling business without permission.