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(영문) 서울행정법원 2016.09.01 2016구합55384
유족보상금 부지급결정처분 취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

On May 27, 2002, E (Plaintiff A’s husband, Plaintiff B, C, and D’s father, F’s father, and F’s father) was appointed from May 27, 2002, and served as a local facility assistant in G and H circles from January 1, 2013, and served as a local facility assistant in G and I circles from November 3, 2014.

E returned to the funeral hall of a person residing in Incheon on January 3, 2015, and around 02:00, around January 4, 2015, there was a fall in food together with symptoms, such as brings, mergs, and Gutos, at the vicinity of the J St Stop, and around 03:30 on January 4, 2015, it was sent to the Joseon University Hospital and was diagnosed as “cerebrovascular.”

E From that time, the hospital received medical treatment on January 21, 2015, and around 09:40 on January 21, 2015, the hospital died of “cerebral blood: Madney, Madney, Madney, and Madney.”

(E) On September 6, 2015, the Plaintiffs filed a claim for the payment of bereaved family’s compensation with the Defendant. On November 30, 2015, the Defendant rendered a disposition on the compensation for bereaved family’s compensation, stating that “The death of the deceased does not constitute “the death of a public official,” which is the requirement for the payment of bereaved family’s compensation under Article 61 of the former Public Officials Pension Act (amended by Act No. 13387, Jun. 22, 2015; hereinafter “former Public Officials Pension Act”), on the following grounds:

According to the records, such as the death report, etc. submitted, the deceased confirmed that he/she died of cerebrovascular, nephalopy, nephalopy, nephalopy, and nephal pressure. There are many cases where “cerebraloptysis” which caused the death of the deceased is based on a part of cerebral he/shed, causing various kinds of cerebralopsis depending on cerebral he/shed, and where there are other cases where cerebralopsis, cerebralopsis type, maternal hemalopology, maternalopsis, maternalopsis, nephalopa, and nephy or nephalopya, and where there is any other blood disease which is easily likely to cause cerebralopy, resulting in further mental and physical stress.

- The plaintiffs work for the deceased under the control of the President Park Ho-gun and I.

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