유족보상금 부지급처분취소
1. The Defendant’s disposition of compensation for survivors of public officials who died on duty on April 4, 2017 is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. On December 12, 2014, the deceased B (hereinafter referred to as “the deceased”) who is his/her father, was appointed as a patrol officer, and served in the D police station’s living safety and E box, and served in the D police station’s living safety and E box from January 29, 2016, and served in the F police station’s life safety and F police unit.
B. On June 21, 2016, the Deceased was able to drive a passenger car owned by the Deceased while under the influence of alcohol around 00:40% of the blood alcohol concentration on June 21, 2016 during the vacation period.
C. On June 21, 2016, the deputy chief auditor of the D police station’s hearing and G’s instruction, H demanded the Deceased to attend as an audit room of the D police station’s hearing to verify the facts of drinking driving.
At around 11:00 on the same day, the deceased appeared in the hearing and inspection room of the D police station, and returned home, and on the same day, the deceased committed suicide by taking acute composite drugs at his residence.
The Plaintiff asserted that there was a proximate causal relation between the deceased’s official duty and death, and filed a claim for compensation of bereaved family members of the Defendant who died on duty, due to an unreasonable demand for attendance, etc. of the hearing.
However, on April 4, 2017, on the ground that there is no proximate causal relation between the deceased’s official duties and the death, the Defendant rendered a disposition of compensation for survivors of public officials who died on duty (hereinafter “instant disposition”).
E. Around May 15, 2017, the Plaintiff filed a request for an examination with the Public Official Pension Benefit Review Committee. However, the said Committee dismissed the Plaintiff’s request on June 15, 2017.
[Ground of recognition] Facts without dispute, Gap's 1, 3, 6, 8 through 13, 15, 16, 18, Eul's 1, witness G's testimony, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was continuously stressed in the process of performing official duties, such as the investigation of the case of flat death, and resulting in the occurrence of depression.
In this situation, the Deceased is an illegal inspection and investigation of police officers belonging to the D police station hearing and audit office.