유족보상금부지급처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff’s husband B (C) was appointed as local fire assistant on October 18, 199 and promoted to local fire assistant on January 18, 2007, and served as D Fire assistant from January 24, 2006 to 119 rescue squad.
B. On November 11, 2011, B was diagnosed as waste cancer at the Yong-Namnam University Hospital and received treatment while on leave of absence, and died on July 17, 2012 as “direct death suspension, the diversification of cancer, which is the intermediate event, and the pulmonary cancer,” respectively.
C. On November 7, 2012, the Plaintiff filed a claim for the payment of bereaved family’s compensation with the Defendant. However, on January 21, 2013, the Defendant rendered a decision on the compensation for bereaved family’s compensation (hereinafter “instant disposition”) to the Plaintiff on the ground that there is no proximate causal relation between the death of the deceased B (hereinafter “the deceased”) and his/her official duties.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, 4 through 7, and 11 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Since the Plaintiff’s assertion was appointed as a fire-fighting officer, the deceased’s performance of fire-fighting and life-saving operations was carried out. In light of the following: (a) such duties are duties involving a considerable physical skin and mental stress due to the characteristics of the duties; and (b) the injury and disease of the deceased was due to the deceased’s duties that were caused by toxic gas and hazardous substances during fire extinguishment and lifesaving, proximate causal relation between the deceased’s death and his/her official duties
B. In fact, 1) From December 05, 2005 to December 23, 2006, 2006: Between January 24, 2006, to July 22, 2009: Emergency rescue and first-aid services from July 23, 2009 to October 05, 201: Emergency and first-aid services from March 06, 201 to December 17, 201: Emergency and first-aid services from March 201 to October 10, 207, 2011: Emergency and first-aid services, and first-aid services, from October 20, 201 to December 17, 2011.