유족급여및장의비부지급처분취소
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 September 1996, the Plaintiff’s spouse B (C students, hereinafter “the deceased”) entered the D Co., Ltd. and worked as the operator, the power generation and maintenance personnel, and the chief of the maintenance team. On June 4, 2012, E Co., Ltd. (hereinafter “instant Company”) was employed as a senior supervisory system position.
B. On June 11, 2012, the Deceased was dispatched to a diesel power plant operated by the instant company, and served as a manager in charge of the repair and operation of diesel engines. From August 1, 2013, the Deceased served as the head of the site office at the GG diesel power plant.
On July 14, 2014, the Deceased returned to the Republic of Korea on August 4, 2014, and was issued as a service center service team of the Service Headquarters on August 4, 2014, and sick leave from August 11, 2014 to November 11, 2014, and was temporarily laid off until he/she dies from November 12, 2014.
C. On March 8, 2015, the Deceased committed suicide by putting the bomb on the backwards of his vehicle at the camping site located in Ansan-si, Nowon-gu, Seoul-si. D.
On May 2015, the Plaintiff applied for bereaved family benefits to the Defendant.
On December 1, 2015, the Defendant rendered a decision to pay the bereaved family benefits to a site (hereinafter “instant disposition”) on the ground that “It is difficult to recognize that the deceased committed suicide while his/her normal perception ability has been significantly deteriorated due to the reason of his/her duties, and it is deemed that his/her personal depression has a greater cause.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1, 2, 4, 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. While the Plaintiff’s assertion was serving as the site manager from August 1, 2013, the deceased was forced to enforce his/her responsibility for failure of the two-time power generation devices that occurred around that time, and was released from his/her position on July 14, 2014.
On August 4, 2014, the Deceased was suffering from a big mental stress and pain upon the issuance of a chronology as a service team.
After that, the deceased shall, at the request of the company, take a leave of absence for sick leave, and shall work at work.