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(영문) 서울행정법원 2014.05.15 2013구합58818
유족급여및장의비부지급처분취소
Text

1. The Defendant’s decision on March 18, 201 on the non-approval of medical care for official duties and the determination on the compensation for bereaved families’ compensation.

Reasons

1. Details of the disposition;

A. On December 3, 2012, while the Plaintiff’s spouse B (D students, hereinafter “the deceased”) worked as a team member in charge of C-management support team situation, the Plaintiff died of the Plaintiff’s spouse as “patch pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary Recomption”, which is directly deathed on December 10:42, 201.

B. The Plaintiff asserted that the above disease, which became a private person of the deceased (hereinafter “the instant disease”), falls under a disease due to official duties as prescribed by Article 35(1) of the Public Officials Pension Act, and the death of the deceased falls under a death due to a disease due to official duties as prescribed by Article 61(1) of the same Act, and filed a claim against the Defendant for approval of medical treatment

C. On March 18, 2013, the Defendant rendered a decision to not approve medical treatment for official duties and to pay the compensation for bereaved families (hereinafter “instant disposition”) to the Plaintiff on the ground that “the deceased’s death is combined with his/her physical and other factors outside his/her official duties, and thus, it is presumed as a result of the occurrence of waste and death, and it is difficult to deem that there is a substantial causal relationship with his/her official duties.”

【Ground of recognition】 The fact that there is no dispute, Gap evidence 2-2, 3, 6, and 3-4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the death occurred or rapidly aggravated due to overwork and stress, and thus, the disease of this case and the death of the deceased have a proximate causal relation with official duties.

Therefore, the instant disposition is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. (1) In case of recognition, C is in charge of work improvement guidance 1, labor improvement guidance 2, labor improvement guidance 3, and industrial accident prevention guidance 1, collective labor-management relations, work to prevent labor and management decentralization, work to improve employment discrimination with work improvement guidance 2, and wages with work improvement guidance 3.

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