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(영문) 서울행정법원 2016.08.11 2014구합20544

유족보상금지급청구부결처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The Plaintiff’s husband (C) who is the Plaintiff’s husband of the instant disposition is a public official who has worked as a local facility assistant in Bupyeong-si D.

B around 11:00 on October 14, 2013, 11:00, after being discovered and moved to the hospital, the Party died at around 00:33 following the day.

(B) On June 19, 2014, the Plaintiff claimed for the payment of bereaved family’s compensation to the Defendant on the ground that the deceased’s death constitutes an accident on official duties. However, on September 1, 2014, the Defendant determined the compensation for bereaved family’s compensation on the ground that it is difficult to recognize the proximate causal relation between the deceased’s death and the performance of official duties.

(hereinafter referred to as “instant disposition”). (A) without dispute, the Plaintiff’s assertion as to the legitimacy of the instant disposition and the purport of the entire statement and pleading as to Gap’s evidence No. 12, and the purport of the entire argument, is that the Plaintiff’s allegation as to whether the instant disposition is lawful has accumulated overwork and stress due to an excessive work, and such overwork and stress have aggravated the high blood pressure from the urology, which is a disease, rapidly aggravated and above natural progress.

Therefore, the death of the deceased constitutes an occupational accident, and the Defendant’s disposition rejecting the Plaintiff’s compensation claim on a different premise is unlawful.

Facts of recognition

On October 15, 1992, the Deceased’s work contents and work hours were appointed as a local construction work supervisor, and started to work in Bupyeong-si. From February 14, 201, the Deceased performed the duties such as the E Development Project, F Nowon-gu Signboards Improvement Project, G facilities Survey and Change Project, and Regular Inspection and Repair of Facilities.

The Deceased was in charge of the “H development project”, which is an urban project planned from 2009, and completed in March 4, 2012.

However, on December 20, 2013, ELcom Co., Ltd. acquired the ownership of the road and the land on which the square is installed as part of the above H development project, and against the Busan City Mayor, the above road and the square is against it.