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(영문) 서울행정법원 2015.12.18 2015구합8060

순직유족급여거부처분취소

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1. The Defendant’s refusal to pay survivors of public officials who died on May 6, 2015 shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On August 11, 2014, the Plaintiff’s spouse B was serving as a immigration investigator at the investigation department of Incheon Immigration Office, and died on the ground of training paralysis, etc. on September 17, 2014, when he was dispatched to the hospital for search and conducted the search work after being informed of the illegal aliens, and then was crashed from the upper part of the third floor (up to approximately 2.6 meters in height) made by preventing the middle of the third floor (up to approximately 2.6 meters) with the panel, and was inflicted with the injury at the hospital for treatment at the hospital.

B. The Defendant: (a) died of B (hereinafter “the deceased”) constitutes death on official duty; (b) however, it is difficult to deem that the death was the direct cause of the injury inflicted on the life and body of the public official who died on duty at the risk of causing serious danger to the life and body of the public official who died on May 6, 2015; and (c) rendered a disposition rejecting payment of the

(hereinafter referred to as "the disposition of this case"). / [Grounds for recognition] without dispute, Gap evidence 1, 2, Eul evidence 6, the purport of the whole pleadings.

2. The term “public official who died on duty” refers to a public official who died as a direct result of an injury sustained while performing his/her duties at risk of causing serious danger to his/her life and body;

(Article 3(1)2 of the Public Officials Pension Act (Article 3(1) of the same Act). However, in light of the following facts and circumstances, the deceased is deemed to have died as a direct cause of injury incurred in performing his/her duties at risk of causing high risk to his/her life and body.

① On July 29, 2013, the Deceased was selected as a immigration investigator who is specialized in the duty of immigration control and safe guard, and was in charge of planning and investigation and control of illegal aliens.

On August 8, 2014, the deceased is Vietnam's nationality to E located in the Southern-gu Incheon Metropolitan City (hereinafter referred to as "the site of this case").