beta
(영문) 서울행정법원 2019.04.18 2018구합84768

순직유족보상금부지급결정처분 취소

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. On October 1, 1991, Nonparty B was appointed as the Prosecutor for the Prosecutor’s Office, and was promoted to the Prosecutor’s Office on July 2, 2012. From July 29, 2013, Nonparty B served as the Prosecutor for the Investigation (Investigative Officer) at the Speaker’s Office from July 29, 2013.

B. B, at around 08:10 on January 5, 2018, starting from the G-si apartment, the residential area of the Gu, and going to work as a provincial public prosecutor’s office of the government according to the Bupyeongcheon and the bicycle lane in the same Dong that is the route for commuting to and from the normal place of work. At around 08:40 on the same day, B was used on the bicycle lane near the former E-si bus stops located in the Gu, Dong-si, Dong-si, Dong-si, and was sent to GG hospitals located in the Gu-si, but died from the same day at around 09:12 on the same day.

(hereinafter referred to as “instant injury and disease,” and “B,” respectively. (C)

On July 17, 2018, the Plaintiff, the deceased’s spouse, filed a claim for the payment of bereaved family’s compensation for survivors of public officials who died on duty. However, around August 2018, the Defendant rendered a disposition on the compensation for bereaved family’s compensation for survivors of public officials who died on duty (hereinafter “instant disposition”) on the ground that “The deceased’s death appears to have been caused by the occurrence or aggravation of the instant wound due to occupational malpractice or stress, rather than by the deceased’s death.”

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, and 8 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is deemed to have accumulated stress on the part of his duties, such as overwork at an average of 45 hours per month during the six months prior to his death. The stress is deemed to have caused the occurrence or aggravation of the instant injury, as it could facilitate the occurrence of her Hemical heart disease and induce her fraudulent connection, and thus, the cause of the occurrence or aggravation of the instant injury.

(b).