Text
1. On June 25, 2019, the Defendant’s disposition rejecting recognition as a doctor against the Plaintiff is revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
Details of the disposition
A. On December 31, 2018, the deceased’s spouse (hereinafter “the deceased”) died in knife by knife E, one of his patients, while serving as the D Hospital located in Jongno-gu Seoul Metropolitan Government (hereinafter “instant hospital”)’s mental health department, and died in knife and in the heart knife by chest multi-secte on the snife and in the heart, around 19:30 on December 31, 2018
(hereinafter referred to as “instant crime”) b.
On March 4, 2019, via the head of Jongno-gu Seoul Metropolitan Government and the Mayor of Jongno-gu Seoul Metropolitan Government, the Plaintiff filed an application for recognition of a deceased noble person with respect to the deceased pursuant to Article 5(1) of the Act on Honorable Treatment and Support of Persons of Distinguished Service for the Reasons that “the deceased died while performing rescue activities against other employees in a situation where the deceased was threatened by E” (hereinafter “Act on Honorable Treatment
C. Accordingly, the Defendant rendered the instant disposition rejecting the Plaintiff’s application for recognition of the deceased and wounded noble person on June 25, 2019 on the ground that “the deceased and wounded noble person cannot be deemed to have performed direct and affirmative rescue activities under Article 2 of the Act” following the review and decision by the Committee for Review of the deceased and wounded noble person.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion was that the nurse F was "dol" while taking part in the damaged clinic E, and after taking part in the clinic, the Plaintiff evacuated the safe way of evacuation, such as emergency stairs and other diagnosis rooms, to a corridor that may lead to the act of attack, and evacuated the nurse in the nursing room to a corridor that could lead to the act of attack. In that sense, the Plaintiff was directly and actively seeking rescue from the nurse in the nursing room to stop so as to make it known that “the nurse was "the person who was reported, the person was the escape, and the person was in danger.”
As the Deceased was killed due to the instant crime while driving away from E as a result of the above rescue activities, the Deceased was killed.