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(영문) 서울행정법원 2020.05.22 2019구합70117
순직유족급여 지급 결정 취소
Text

1. On March 28, 2019, the Defendant’s decision to pay survivors of public officials who died on duty shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff’s spouse B (CB, hereinafter “the deceased”) was appointed as a slope on June 13, 1987 and promoted to the Inspector on March 31, 199. On June 30, 2010, the Plaintiff’s spouse was promoted to the Inspector on June 30, 2010. Around December 2017, there was a person in charge of the Senior Security Officer of the D Police Station around the following accidents.

The cause of death shall be (b), (c), (d) only if the medical causal relationship is clear directly with (a).

(A) - The cause of (b) of a direct death and the emulitous shock - the cause of (c) of (b) of a direct death - Other physical conditions unrelated to paragraphs (a) through (d) of this Article -

B. At around 12:00 on December 8, 2017, the Deceased: (a) felled from the D Police Station fourth platform to its windows on the second floor (hereinafter “the first fall accident in this case”); (b) again, fell on the ground from the second floor to the ground (hereinafter “the second fall accident in this case”); and (c) together with the first fall accident in this case, “the instant accident”).

The Deceased transferred to a nearby E Hospital due to the instant accident, but died of 20:05 severe personality on the date of the said accident and of the shock.

The causes of death in the deceased’s death report shall be as follows:

C. The Plaintiff asserted that the deceased died due to an accident caused by official duty, and claimed compensation for bereaved family members of the Public Official Pension Service.

On August 22, 2018, the Public Official Pension Service rendered a decision on site pay on the ground that it is difficult to deem that the deceased’s suicide could not be ruled out, and thus, the deceased’s death was crashed during the performance of his/her duties. Even if the death was caused by occupational stress, it is difficult to deem that the submitted data alone directly caused the death and caused the death.

On November 20, 2018, the Plaintiff appealed and filed a request for an examination with the Public Officials' Accident Compensation Pension Committee.

The Public Official Disaster Compensation Pension Committee shall commit suicide on February 21, 2019.

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