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1. On August 29, 2016, the Defendant’s disposition of determination of compensation for survivors’ compensation against the Plaintiff shall be revoked.
2. The costs of lawsuit shall be.
Reasons
1. Details of the disposition;
A. On December 30, 2015, the Plaintiff’s spouse, was a public official of the local fire-fighting assistant of Jeju Special Self-Governing Province, who served as a public official in charge of fire-fighting administration and fire-fighting administration. On December 18:30, 2015, he returned to the office around 19:20, after he was found to have been pulmonary at the D fire-fighting assistant of Jeju Special Self-Governing Province (hereinafter “the deceased”). On December 30, 2015, he returned to the office around 19:20, after he was found to have been pulmonary at the D Fire-Fighting assistant of 20:07, and then died at around 21:28.
B. Around July 2016, the Plaintiff filed a claim for the payment of compensation for survivors on the ground that the deceased died on official duty. However, on August 29, 2016, the Defendant determined the compensation for survivors on the ground that there was no proximate causal relation between the deceased’s death and his/her official duty, and thus, did not constitute “the death or injury,” which is the requirement for payment of compensation for survivors of public officials under Article 61 of the Public Officials Pension Act
(hereinafter “Disposition in this case”). / [Grounds for recognition] The fact that there is no dispute, Gap evidence 1, 2-1, 2-1, 4-1, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. In addition to the ordinary duties of the deceased as a person in charge of fire-fighting administration, the deceased was suffering from physical, mental, and stress in the course of carrying out the relocation of the fire-fighting building and various duties assessment response, etc., and as a result, as the dynamic infection, which is an existing disease, sharply aggravated above the natural progress and died, there is a proximate causal relation between the deceased’s official duties and the death.
Therefore, the defendant's disposition of this case which did not recognize the deceased's death due to a disease caused by official duties should be revoked.
(b) Entry in the attached Form of relevant Acts and subordinate statutes;
C. First of all, whether the deceased’s occupational negligence or stress is overwork.