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(영문) 서울행정법원 2015.02.12 2013구합30636
유족보상금부지급처분취소
Text

1. The plaintiff B's lawsuit shall be dismissed.

2. The plaintiff A's claim is dismissed.

3. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. Status 1) Plaintiff A is the deceased C (hereinafter “the deceased”).

(2) From around 1993 to Kimcheon-si, Plaintiff B is the husband of the Plaintiff and the deceased, and Plaintiff B works in the Dong office, Myeon office, etc.

From November 17, 2005, Kim View-il worked for the programs.

B. The Deceased’s suicide committed suicide on May 6, 2013 at his house located in Kimcheon-si D around 13:30 on May 6, 2013.

【Direct Death: Gas addiction (Presumption) and hereinafter “the suicide of this case”).

(1) On June 14, 2013, Plaintiff A requested the payment of bereaved family’s benefits and funeral expenses to the Defendant on the ground that the deceased’s death was due to depression caused by mental stress caused by his duties, and constitutes occupational accidents. However, the Defendant’s death is deemed as a result of an intentional act or a private act unrelated to official duties, as there was a general resolution of suicide resolution and implementation on July 5, 2013 through the deliberation of the Public Official Pension Benefit Deliberation Committee, and thus constitutes an accident by intention or a private act unrelated to official duties. Moreover, rather than that the deceased’s death was caused by his/her duties or the existing disease was significantly aggravated, it is considered as a result of an internal accident, such as an internal cattle, etc. that was caused by stress, or caused by his/her growth, and it is difficult to view that the deceased’s death was caused by a 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.

(2) On September 6, 2013, Plaintiff A filed a request for review of the instant disposition with the Public Official Pension Benefit Review Committee.

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