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(영문) 서울행정법원 2018.07.13 2015구합11790
유족보상금부지급결정처분취소
Text

1. The Defendant’s disposition of determining the compensation for survivors’ compensation, which the Plaintiff rendered on April 6, 2015, shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On November 23, 1984, when the Plaintiff’s husband B (hereinafter “the deceased”) worked as a fire-fighting official belonging to the Dong-dong Fire Fighting Unit in Gwangju Metropolitan City, he was killed in electricity, and the glass wave was connected to the right-hand part of the fire fighting unit, resulting in the injury of “the eromatic eromatic cutting and the neutism of the eromatic nephism.”

(hereinafter “instant accident”). B.

On May 201, the Deceased was diagnosed as “B-type hepatitis, livering, and liver cancer” (hereinafter “the instant injury and disease”), and was hospitalized at several times and provided outpatient treatment, but the symptoms worsen, and continued to be hospitalized and provided outpatient treatment on June 3, 2013, and died from the apartment site residing on June 26, 2013.

C. On December 5, 2014, the Plaintiff filed a claim for the payment of compensation for bereaved family with the Defendant, claiming that the deceased’s death constituted an accident on official duties, but the Defendant against the Plaintiff on April 6, 2015, the Defendant rendered a disposition to determine the compensation for bereaved family on the ground that the death of the deceased appears to fall into a personal secret or self-performance fall due to the aggravation of liver cancer, and that it is difficult to deem that there exists a considerable causal relationship with the public duties.

(hereinafter “instant disposition”) D.

In response to the instant disposition, the Deceased filed a request for review with the Public Official Pension Benefit Review Committee. However, on July 22, 2015, the said Committee rejected the Plaintiff’s request.

[Ground of recognition] Facts without dispute, Gap's 1, 3, 5 through 7, 9 through 11, 20 through 22, Eul's 1 through 3 and 5, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion shall be type B in the process of blood transfusion from East Franchisor C, who is the B B virus, immediately after the instant accident occurred.

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