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(영문) 서울행정법원 2014.11.21 2013구합61418

유족보상부지급처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

The deceased B (hereinafter referred to as the "the deceased") was appointed as a public official on April 1, 1984 and was promoted to a senior public official in general service on July 1, 2006, and was ordered to take a leave of absence pursuant to Article 71(2)1 of the State Public Officials Act to work for the International Telecommunication Union (hereinafter referred to as the "ITU") on December 30, 2010.

As an international organization located in Switzerland, the deceased has worked in Switzerland for the above dispatch service.

On August 25, 2005, the Deceased had a career of performing the crypology operation at the Seoul Asan Hospital to treat crypherum cancer.

As a result, the deceased visited the hospital due to symptoms such as fire extinguishing, misfluence, etc. while working in ITU, the deceased was diagnosed by the laparo cancer and the lapare color around May 2012.

On May 11, 2012, the deceased was subject to a laparo operation, but died on the 27th of the same month.

Around January 2013, the Plaintiff filed an application for bereaved family's compensation under Article 61 (1) of the Public Officials Pension Act against the Defendant as his/her spouse.

However, on March 18, 2013, the Defendant rendered a decision on the compensation for survivors’ compensation (hereinafter “instant disposition”) on the ground that it cannot be deemed that the deceased died due to his/her duties.

On June 11, 2013, the Plaintiff filed a request for review with the Public Official Pension Benefit Review Committee (see Article 80 of the Public Officials Pension Act). However, the Public Official Pension Review Committee dismissed the Plaintiff’s request on July 16, 2013.

[Ground of recognition] The plaintiff's assertion of legitimacy of the disposition of this case as to Gap's 1-4, Gap's 7, Eul's 9, Eul's 1-2, and Eul's 1-2, and the purport of the whole argument was legitimate. The plaintiff's assertion of legitimacy of the disposition of this case had serious physical and mental stress due to excessive work while working in the ITU, and there was no choice to have an unestablished time and diet due to frequent overseas business trip.

Due to such a working environment in ITU (an excessive stress and infinite life), the body immunity of the deceased has rapidly deteriorated, and eventually the cancer has been aggravated, resulting in death.