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(영문) 서울행정법원 2015.01.08 2012구합30875

유족보상금부지급결정처분취소

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 August 7, 1981, the Plaintiff’s husband B (C) was appointed from the Jeonnam-do Fire Station as E, and was on duty as fire-fighting officials in the fire stations, etc. within the jurisdiction, etc., and was dispatched from January 19, 201 to March 31, 201, to the Safety and Security Team in Seoul (hereinafter “the Organizing Committee of this case”) and was in charge of disaster prevention duties as disaster prevention public officials. On April 1, 2011, Jeonnam fire-fighting headquarters issued to Jeonnam-do Fire-Fighting Headquarters as G and transferred the workplace to a prisoner of war for treatment, such as depression from April 6, 201, and committed suicide by selling trees in the village after the Plaintiff’s house and receiving hospital treatment on May 25, 2011. < Amended by Act No. 10747, Apr. 1, 201>

B. On June 2012, the Plaintiff requested the Defendant to pay bereaved family’s compensation on the ground that the death of the deceased B (hereinafter “the deceased”) was due to depression caused by mental stress caused by his/her duties, and constitutes an occupational accident. However, the Defendant, following the deliberation of the Public Official Pension Benefit Council, on September 10, 2012, “Generally, suicide was caused by an intentional act or private act unrelated to the performance of official duties, and thus, constitutes an accident by intention or private act. Moreover, rather than that the deceased was caused by his/her performance of duties, or the existing disease was significantly aggravated, it is deemed that the deceased was caused by extra-official factors such as internal cattle, etc. who was or was exposed to stress more sensitive to the deceased’s stress, and it is difficult to view that the deceased’s death was caused by an extreme loss or mental disorder caused by his/her occupational reason, and thus, it is difficult to deem that the deceased’s death was a causal relationship with the deceased’s intentional act or private act, which is irrelevant to official duties.”

(hereinafter “instant disposition”).