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(영문) 서울행정법원 2014.03.07 2013구합8172

유족보상금부지급처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. B’s duties (hereinafter “the deceased”) from January 2006, served as class 9 public officials of Grade B at the New-dong Office of Yangcheon-gu Seoul Metropolitan Government Office from January 7, 2006, and was promoted to Grade 8 of local administrative clerks around July 2008.

From August 22, 2008, the deceased was issued as the Administrative Support Bureau C and D Team of the Yangcheon-gu Seoul Metropolitan Government Office, and has been in charge of resident registration, computer, non-tax revenue, administrative agent, and publicity of large residents.

B. (1) On March 13, 2010, the Deceased was suffering from the present donation while serving in the office of March 13, 2010. On the same day, the Deceased Hospital was diagnosed as “liver cell cancer” on the 17th day of the same month.

On April 1, 2010, the deceased was subject to a diversical surgery, but on May 28, 2010, the deceased was temporarily temporarily on medical care for one year due to the recurrence of cell cancer.

(2) During the period of leave of absence for medical treatment, the Deceased received oriental medicine treatment from Samsungnam University Research Institute at Samsungnam University University, and was reinstated on May 28, 201, when the status of the deceased was improved.

(3) On July 6, 2011, the Deceased taken RoI’s photograph, and confirmed that the MaI was transferred to the MaI’s radio wave.

On July 6, 2011, the deceased did not accept temporary retirement for treatment, and was dismissed from office as a member of the National Assembly.

(4) On January 2, 2012, the Deceased died of “direct death: Inter-cell cancer, inter-cell cancer, and mid-line event: A cell cancer, a pre-pacter, and the cause of a pre-prison: Aprison, and a cause of a pre-prison: Repulmonon.

C. (1) On May 29, 2012, the Plaintiff, the father of the deceased, claiming compensation for survivors’ compensation, etc. (1) filed a claim for compensation for survivors’ compensation on the ground that “the person who was the father of the deceased, caused the cumulative occupational disorder and stress,” but received a disposition of compensation for survivors’ compensation from the Defendant on August 9, 2012.

(2) On November 12, 2012, the Plaintiff, who was dissatisfied with the instant disposition, filed a petition for review on November 12, 2012, but was dismissed by the Public Official Pension Benefit Review Committee on December 11, 2012.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1, 3, 4, 6, 7, 10, 11, evidence Nos. 12-1, 2, 13 and 22, and Eul evidence No. 1, oral pleadings.