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(영문) 서울고등법원 2019.03.06 2018누40036

공무상사망불인정결정처분취소 등

Text

1. Revocation of the first instance judgment.

2. On June 5, 2017, the Defendant rendered a disposition to pay the survivors’ pension for public officials who died on duty to the Plaintiff.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for the dismissal of part of the grounds of the judgment of the court of first instance as set forth in the following Paragraph 2. Thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of

2. Part V of the reasoning of the judgment of the court of first instance, which was written after the dismissal, shall be as follows.

On the other hand, at around 17:26, after getting a bicycle on the day of the accident, the Deceased reported the matters related to the next time power inducement project from the operational plan and the head of the telephone for about 13 seconds, and confirmed that “the report was received later.” (The work officer visited the mission to submit the report to the Deceased at around 17:00 in accordance with the operational plan and the head of the center’s order, but returned to the unit during the atmosphere because there was no first-person response.

), 18:27경 작전참모로부터 합동참모본부 전략기획본부장 주관 장관급 토의 결과를 문자로 보고받은 후 18:28경 “ㅇㅋ, 수고했네!”라고 답하였다.』 제1심판결 제5쪽 제13 내지 14행의 [인정근거]에 “갑 제10, 11호증, 을 제2호증의 각 기재”를 추가한다.

Of the grounds of the judgment of the court of first instance, the 8th and lower part of the 5th of the grounds are as follows.

In light of the facts acknowledged earlier, including the detection of alcohol from the deceased’s blood, the Plaintiff’s assertion that the deceased was in patrol at the F area where the deceased was on board the bicycle at the time of the instant accident, is difficult to accept, and there is no other evidence to acknowledge the Plaintiff’s assertion. The deceased’s assertion appears to have been caused by the instant accident while he returned to the mission while he was on board a bicycle on the FF surface of the race-si, such as leaving I village and returning to the mission. 2) Whether the instant accident constitutes an accident under Article 4-2 subparag. 2(a) and (c) of the Enforcement Decree of the Military Pension Act, as well as Article 4-2 subparag. 2 of the Enforcement Decree of the Military Pension Act.