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(영문) 서울행정법원 2015.10.29 2014구합51500

유족보상금부지급처분취소

Text

1. On November 1, 2013, the Defendant’s decision on compensation for survivors’ compensation made against the Plaintiff shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On June 20, 1975, the deceased B (Cre, hereinafter “the deceased”) was appointed as a local public official of D-Gun on the part of June 20, 1975, and was working as E-Eup from January 1, 2013.

B. On July 5, 2013, while preparing to work at work around 07:00, the Deceased was in the Emergency Service Center of the Korea Health and Medical Service Center of the D military, due to the increase in physical temperature and the pulmonary difficulty, and was transferred to a F hospital, which is a superior hospital, due to an empty blood, the decrease in the blood plate, the increase in leuk-gu, the increase in the leuk-gu, and the leuk Seoul Hospital was urgently transmitted to the Samsung Seoul Hospital and received treatment in the middle patient room on July 19, 2013.

The death diagnosis report for the deceased that was issued by Samsung Seoul Hospital G on the day of death is written respectively as a direct death and a acute brudym typosis, an intermediate preemptive event, respectively.

C. On October 2, 2013, the Plaintiff, the deceased’s spouse, claimed compensation for survivors’ compensation to the Defendant.

On November 1, 2013, the Defendant, as the result of the health examination conducted in 2012, cannot be presumed to have been caused by official duties because the cause of the outbreak is not clear, and there is no medical evidence that the cause of the outbreak occurred in the deceased’s working condition or the work environment, and it is difficult to deem that the deceased had a special delivery inherent in the deceased’s duties so as to cause the disease, and that it is difficult to view that the deceased carried out excessive work beyond the ordinary scope, and that the deceased was expressed that the medical examination conducted in 2012 requires a continuous medical treatment of high blood pressure and urology. In light of the above, the deceased’s disease was caused by excessive stress on official duties.

Furthermore, according to the medical opinion that the deceased's physical and external factors are presumed to have been caused by combined action, the determination of compensation for survivors' compensation land (hereinafter "disposition of this case") was made on the ground that it is difficult to see that there is a considerable causal relationship between the deceased's death and official duties.

[Ground of recognition] dispute.