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(영문) 광주지방법원순천지원 2015.05.21 2013가합4211

직무상요양승인 부결처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 16, 2012, when the Deceased was in office as the director of the department (hereinafter “the director of the department of this case”) of the Early Childhood Education Department of B University (hereinafter “the department of this case”) (hereinafter “the director of the department of this case”). On April 16, 2012, the Deceased took care of her in the lecture room of the first year of the department of this case.

On the same day, the Deceased was diagnosed by brain dystrophism (hereinafter “instant disease”) at the Jeonnam University Hospital on the basis of brain dystrophism, and was in an emergency dystrophism, but died at the above hospital on May 3, 2012.

B. The Plaintiff, the husband of the Deceased, asserted that he died of a disease on duty, and applied to the Defendant’s Benefit Deliberation Committee for approval of medical treatment on duty, but rejected the decision, and thereafter, filed a request for reexamination with the Defendant’s Benefit Review Committee, but was dismissed on December 27, 2012.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion deceased who was employed as the principal of the instant department and died of the instant disease due to excessive work, such as guidance for students and request for employment, guidance for graduates’ visit, and attraction of new students, etc., and thus, the instant disease constitutes an occupational disease.

Therefore, the defendant is liable to pay bereaved family's compensation and damages for delay to the plaintiff, who is the bereaved family of the deceased.

B. According to Article 42(1) of the Pension for Private School Teachers and Staff Act and Article 61(1) of the Public Officials Pension Act, “official disease” means a case where there is a proximate causal relation between the duties as a teacher and the disease. However, this is not limited to a new disease caused by an accident in the course of performing his/her duties, but it is excessive due to an excessive mental or physical burden, even if he/she had a disease or an outbreak factor to the extent that it does not interfere with ordinary work.