유족보상금부지급처분취소 청구의 소
1. The disposition of compensation for survivors’ compensation rendered by the Defendant to the Plaintiff on December 21, 2015 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. The Plaintiff’s husband’s husband B (hereinafter “the deceased”) is a person appointed as a local environmental reporter on January 27, 1997 and served in the Gyeongnam-do Construction Bureau C from August 7, 2014.
B. On June 10, 2015, the Deceased was found to be dead in a state where he/she cut trees from the Doksan-dong of the Dok-dong of Kimhae-si.
C. Around August 2015, the Plaintiff filed a claim with the Defendant for the payment of bereaved family's compensation on the ground that the deceased died on official duty while in office. However, on December 21, 2015, the Defendant deemed that the deceased was under occupational stress in the course of performing his/her duties, but the stress was excessive to the degree that he/she was hiding.
Article 61 of the former Public Officials Pension Act (amended by Act No. 13927, Jan. 27, 2016; hereinafter “former Public Officials Pension Act”) decided to pay bereaved family’s compensation money on the ground that it does not fall under the death of official duties under Article 61 of the former Public Officials Pension Act (amended by Act No. 13927, Jan. 27, 20
(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 4, and 7, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion that the deceased was appointed as a public official and was transferred to C in charge of the environmental work, and was changed to be in charge of the work, and the deceased was under considerable stress in the process of responding to the audit by the Board of Audit and Inspection on the E business in C, the deceased was under considerable stress in the process of responding to the audit by the Board of Audit and Inspection on the E business in 2016, and when the national budget for the E business in 2016 was reduced, Gyeongnam-do was de facto unable to achieve this, and the deceased was under considerable mental burden, and the deceased showed symptoms such as water surface disorder, apprehension, and active decline, etc. due to stress around the time of death.