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(영문) 전주지방법원 2016.07.06 2015구단639

국가유공자및보훈보상대상자요건비해당결정

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1. On December 17, 2014, the Defendant’s decision to revoke the Plaintiff’s eligibility as a person eligible for veteran’s compensation.

2...

Reasons

1. Facts of recognition;

A. On December 1, 1978, the Plaintiff’s husband, was appointed as a middle or high school teacher belonging to the Jeollabuk-do Office of Education (hereinafter “the Plaintiff’s husband”). From March 1, 2006, the Plaintiff’s husband was issued to C Industrial High School (hereinafter “Nonindicted School”) and served as a digital electronic and social teacher.

B. After completing the study on April 29, 201, the Deceased was employed for a rest of 14:00 in order to carry out group sports activities by self-training of faculty members, a school event, at around 13:40, while taking a rest of 14:00, in order to carry out group sports activities, and was immediately sent to the hospital, but the death was confirmed at around 15:22, and the private person on the written draft of the examination was written as a bruptor.

C. The Plaintiff filed a claim for the compensation of bereaved family under the Public Officials Benefit Act with the Public Officials Pension Management Corporation in June 201 (hereinafter “Public Officials Benefit Corporation”). However, on August 5, 2011, it is difficult to view that the acute autopsy, a private person of the deceased, was attributable to the deceased’s performance of his/her duties, and the details of his/her duties were ordinary and do not considerably exceed the ordinary scope of his/her duties, and thus, the deceased specially exceeded the deceased.

For the reason that it is difficult to see that the above disease occurred due to accumulation or excess, the judgment of compensation for bereaved families was made.

Accordingly, on August 13, 2013, the Plaintiff filed a revocation suit with the Seoul Administrative Court 201Guhap33730, and on August 13, 2013, the judgment of the first instance court that revoked the above decision on the ground that there was a proximate causal relation between the deceased’s work and the death, as it can be deemed that the excessive physical activity, which was conducted by the deceased as a part of his work, aggravated the deceased’s high blood pressure, etc. beyond the natural progress, or caused a acute heart certificate by a direct cause. As such, the Plaintiff was sentenced to the judgment that revoked the above decision on the ground that there was a proximate causal relation between the deceased’s work and the death. Although the Defendant filed an appeal as Seoul High Court 2013Nu2646, the Defendant was dismissed on May 13