유족보상금부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On March 1, 2004, the Plaintiff’s married B (C students, hereinafter “the deceased”) served as the teachers of the Busan Metropolitan City Seo-gu Office of Education D elementary school from March 1, 2008 to the Incheon Metropolitan City Seo-gu Office of Education E elementary school, and on October 12, 201, the person who retired from his school on October 12, 201 died of 19:18 of the same day as of the same day.
B. On February 1, 2012, the Plaintiff asserted that the deceased died of euthane as a disease caused by official duty, and claimed compensation for bereaved family. However, on February 24, 2012, the Defendant rendered a medical opinion to deem that “the deceased’s death was derived from reasons unrelated to official duties such as personal inclination rather than from official duties due to official duties. Therefore, the deceased’s death was caused by suicide, which is a result of a private act unrelated to intentional act or official duties, and it is difficult to view that there exists considerable causal relationship with official duties.” (hereinafter “instant disposition”).
[Judgment of the court below] The ground for recognition is without merit, entry of Gap evidence 1 through 5, and the purport of whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the Plaintiff’s suicide occurred due to his parents and reflectors’ mental stress in the course of performing official duties on the fifth grade of the D Elementary School in 2006, due to the Plaintiff’s parents in the course of performing their official duties. The Plaintiff’s occupational department, stress overlaps, and led to suicide with the Plaintiff’s normal perception ability, behavior selection ability, and mental suppression capacity, and thus, there was a proximate causal relation between official duties and the deceased’s death, and the instant disposition was unlawful.
(b) as shown in the attached Form of the relevant statutes;
C. (1) The Deceased’s occurrence and health conditions (A) the Deceased’s occurrence and health conditions.