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(영문) 서울행정법원 2015.05.21 2014구합65493
보상금등지급신청기각결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The Plaintiff’s husband, the Plaintiff’s husband of the instant disposition, was appointed as a public educational official and was in office as an assistant principal of C High School located in Ansan-si from March 1, 2014 to Ansan-si, and was in office as an assistant principal of C High School for the second grade students during the period from April 15, 2014 to April 19 of the same month, and was in Jeju-do as Jeju-do for five days.

B On April 15, 2014, around 21:00, D was on board with the Sowinger and students, and it was departing from Jeju-do, but at around 1:20 of the following day D was on the sea at a point 20km away from the Chonam-gun's Chonam-gun's Chonam-gun's Chonam-do's Chonam-do's 11:20 meters away.

(hereinafter referred to as “D accident”). B was salvaged by the border of the same sea area, but around April 18, 2014, around 16:05, the trees were discovered from the Jindo gymnasium behind the Jindo gymnasium after the Jindo gymnasium.

(B) The Plaintiff asserted that he died while performing public duties, and claimed compensation for bereaved families against the Government Employees Pension Corporation. On June 18, 2014, the Government Employees Pension Corporation decided to pay bereaved families’ compensation to the Plaintiff.

Furthermore, the Plaintiff asserted that the deceased constituted a public official who died on duty under the former Public Officials Pension Act (amended by Act No. 12844, Nov. 19, 2014; hereinafter “the Act”), and filed a claim against the Defendant for payment of the deceased’s survivors of duty on June 27, 2014, and the Defendant dismissed the Plaintiff’s claim on July 27, 2014 on the ground that “It is difficult to deem that the deceased’s death was the direct cause of the injury that was incurred while performing his/her duties that may cause serious danger to his/her life and body, in light of the circumstances of suicide,

(hereinafter referred to as “instant disposition”). [In the absence of dispute], the Plaintiff’s assertion as to the legitimacy of the instant disposition and the overall purport of Gap’s evidence Nos. 1 through 2 (including numbers), and the entire purport of the pleadings, is a public educational official, at the risk of causing the death of the D sinking, and the students and passengers.

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