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(영문) 서울행정법원 2016.08.12 2015구단1444
유족보상금부지급처분취소
Text

1. The disposition of compensation for survivors’ compensation rendered by the Defendant to the Plaintiffs on December 10, 2014 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. D was working as a police officer at the patrol team of the Seoul Coast Guard Estation, and around May 26, 2014, at around 08:30 on May 26, 2014, at around 08:30, 2014, she was equipped with a uniform of service with night workers and post-satons and used in a gun carried by the second floor toilet of the police box. Around 07:37 on June 2, 2014, she was transferred to a hospital to receive medical treatment, and was killed in the part of the brain function due to the discovery of the staff of the police box.

B. Plaintiff A is the wife of the deceased D (hereinafter “the deceased”), and Plaintiff B and C claimed compensation for bereaved family members of the Defendant, asserting that “The deceased’s bereaved family members, who were the deceased’s bereaved family members, had been under stressed as a case of obstruction of performance of official duties over one year when the deceased was on May 2013, and was unable to attend the Seoul Central District Court as a witness on March 27, 2014, and died after being under serious stress due to the risk of economic damage, such as the suicide and loss compensation, the burden of litigation costs, etc.” and sought compensation for bereaved family members of the Defendant.

C. On December 10, 2014, the Defendant died of occupational stress caused by occupational stress, in full view of the following: (a) it is difficult to view that the details of the business performance of the deceased’s ordinary person’s work and the working environment of the deceased’s person was extremely serious or bad; (b) it is difficult to view the civil petitioner’s filing of a lawsuit and the attendance of witnesses, etc. were of serious stress to cause suicide; and (c) otherwise, there was no extreme acute stress that may be presumed that the deceased was in the state of mental disorder at the time of the suicide.

It seems that the death of the deceased has reached suicide by combined external factors such as climatic stimulants who are more sensitive to stress rather than to do so. The death of the deceased is difficult to view that there is a substantial causal relationship with the public duty.

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