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(영문) 서울고등법원 2016.03.03 2014누73960

유족보상금부지급결정취소 등 청구의 소

Text

1. Revocation of the first instance judgment.

2. On August 9, 2013, the Defendant’s determination of compensation for survivors’ compensation against the Plaintiff, and the determination of compensation for survivors’ compensation.

Reasons

Details of the disposition

He was first appointed as a middle school teacher on March 1, 1991, and from March 1, 201, he worked as a sports teacher at D secondary schools under the Gangnam-gu Seoul Metropolitan Government Office of Education from Ulsan Metropolitan City Office of Education.

Around 16:00 on June 19, 2013, the deceased finished lessons at D secondary schools, and discussed various methods such as gymnasium and the preparation and evaluation marking of performance tests, and methods for activation of the part of the part of the part of the part of the part of the part of the ship and the part of the part of the part of the ship and the part of the part of the part of the ship and the part of the part of the part of the ship and the part of the part of the ship and the part of the part of the ship and the part of the part of the ship and the part of the part of the ship and the part of the part of the ship and the part of the part of the ship and the part of the part of the part of the ship and the part of the part of the part of the ship and the part of the part of the part of the part of the ship and the part of the part of the part of the ship and the part of the part of the part of the ship and the part of the part were used.

On July 2, 2013, the Plaintiff asserted that the death of the deceased constituted an accident on official duties, and filed an application for approval of compensation for survivors’ compensation and medical care for official duties with the Defendant. However, on August 9, 2013, the Defendant rendered a decision on the determination of compensation for survivors’ compensation and the non-approval of medical care for official duties (hereinafter “instant disposition”).

[Grounds for recognition] The Plaintiff’s assertion as to the legitimacy of the instant disposition and the purport of the entire argument as to Gap’s non-contentious facts, Gap’s evidence Nos. 1, 2, 3, and 4, Eul’s evidence Nos. 1, 2, and 3, and Eul’s overall purport is as follows: (a) the Plaintiff’s deceased was relatively young at 47 years of age at the time of the instant injury and disease; (b) did not drink before the outbreak; and (c) was prevented from drinking before the outbreak; and (d) did not have any history of being treated as a low-ranking disease; and (b) continued to work in excess of the sports-related duties due to the decrease of the number of sports teachers in the year