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(영문) 서울행정법원 2016.06.02 2015구합71198

유족보상금부지급처분취소 청구

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1. The Defendant’s decision on the compensation for survivors’ compensation to the Plaintiff on January 27, 2015 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff’s husband’s husband B (hereinafter “the deceased”) worked as an elementary school teacher for about 20 years and 4 months after his appointment on June 25, 1994. At the time of the instant case, he worked as a D elementary school teacher belonging to the Ginam District Office of Education in Gyeonggi-do.

B. On October 17, 2014, the Deceased came to the Friet located in Chungcheongnam-si, at around 18:00 on the same day, he/she started a bus along with a volunteer teacher to attend the workshop (Ework shop (Ework shop; hereinafter the same shall apply) to strengthen teachers' innovative capabilities, and arrived at the Friet located in Chungcheongnam-si, at around 18:00 on the same day, he/she had a short-term meals and break time until 20:0, and had a short-term meals and break time, and had a series of tasks by school year for the development of innovative education by 22:00, he/she took the total part in the singing box from 23:00 to 23:0, and dice with 10 of the above Lart 311 room.

C. At around 01:00 on October 18, 2014, the Deceased fell from the balcony at the end of the corridor of the third floor of the instant resort, and was discovered at around 01:30 on the same day, and was sent to the emergency room of the Chungcheong Hospital of the National Foundation, but was eventually killed at around 02:29 on the same day.

The plaintiff filed a claim for bereaved family's compensation under Article 61 (1) of the Public Officials Pension Act with the defendant, but the defendant confirmed on January 27, 2015 that the deceased's direct death was not caused by his official duties, if the specific reason for death is not clearly revealed. In light of the opinion of the Supreme Court, the deceased's death cannot be deemed to be caused by his official duties, and the fact that the deceased fell from the balcony of the third floor and was transferred to the hospital after falling from the balcony of the third floor (the report on the result of death within the Chungcheongnam-gu Police Station) and the fact that the fall accident occurred after the completion of a certain period on the day of the employee training, the deceased's death appears to have resulted in the death of an accident caused by private acts after the completion of the workshop shop schedule.