beta
(영문) 서울행정법원 2015.12.10 2014구합17975

유족보상금부지급처분취소

Text

1. The disposition of compensation for survivors’ compensation rendered by the Defendant to the Plaintiff on August 18, 2014 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On July 1, 1988, the deceased B (Cre, hereinafter “the deceased”) was appointed to the police on July 1, 198, and promoted to the background of March 1, 2008. From February 3, 2012, the Incheon Samsan Police Station D and E Team were working on February 3, 2012.

B. From around 12:40 on June 14, 2014, the Deceased, from around 12:50 on Sundays to around 14, 2014, his/her members and the members of the relevant stable club in the Incheon Racing Winter Games, was not good, and he/she was shrund in the bench.

Around 119 emergency squad sent back to a nearby hospital, and performed approximately one-hour cardiopulmonary resuscitation, but died at around 15:20.

C. As a result of the autopsy by the National Scientific Investigation Institute, the deceased is clearly influenite, and the body of the heart and the body of the deceased formed a high level of dynamic pathology in three major sections of the heart beer, and the fibers of the heart and the body of the heart were confirmed, and it was presumed that the body of the heart and the body of the deceased died with acute fluence. D.

On June 18, 2014, the Plaintiff, the deceased’s spouse, asserted that he/she died due to the performance of official duties, and demanded the Defendant to pay the compensation for bereaved family. However, on August 18, 2014, the Defendant appears to have died due to a serious scambling movement, which was caused by the death of the deceased, in the state of his/her serious dial heart disease. As it is difficult to view the deceased’s participation as a public event controlled or managed by the head of the relevant agency, the Plaintiff determined the compensation for bereaved family’s compensation (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 7, 11, 12, Eul evidence 3, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. After the sinking of the Sewol Ferry on April 16, 2014, the Plaintiff’s assertion was mobilized to the F father’s day-to-day autopsy and search after the sinking of the Sewol Ferry on April 16, 2014, with a considerable amount of skin and stress accumulated.

In addition, the activities of the police club are active.