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(영문) 서울행정법원 2018.04.26 2017구합58526
순직유족보상금부지급처분취소
Text

1. The Defendant’s disposition of compensation for survivors of public officials who died on duty on December 20, 2016 is revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff’s husband’s husband B (hereinafter “the deceased”) worked in civil execution department of the Incheon District Court, and died at around 05:49 on July 23, 2016 from 04:0 to 04:00 on the same day during the transfer from her husband to her hospital.

B. On September 25, 2016, the Plaintiff filed a claim for the payment of compensation for survivors of public officials who died on duty with the Defendant claiming that the deceased died on duty. On December 20, 2016, the Defendant rendered a decision on the compensation for survivors of public officials who died on duty on the ground that it is difficult to recognize proximate causal relation between the deceased’s death and the performance of official duties (hereinafter “instant disposition”).

【Ground for recognition】 The fact that there has been no dispute, and the purport of all entries and arguments in Gap's 1 through 5

2. Whether the instant disposition is lawful

A. On July 11, 2016, the Deceased’s summary of the Plaintiff’s assertion was ordered to be assigned to the position as a civil execution and a C community with the Incheon District Court’s civil execution. The auction is likely to have a high level of difficulty in performing duties and cause civil petitions, and the Deceased was subject to heavy occupational stress after the assignment of a position.

As a result, the Deceased was able to make a extreme choice of suicide because it adversely affects the normal function of the body, such as influence, depression, and adaptation disorder. Considering these circumstances, the Deceased’s death constitutes a disaster on official duty.

(b) Article 3 (Definitions) (1) of the Public Officials Pension Act shall be defined as follows:

2-2

2. The term "public official who died on duty" means a public official who falls under subparagraph 1 and died on official duty, or died of a disease or injury resulting from official duty or died of a disease or injury after retirement;

Article 61 (Survivor's Compensation for Public Officials who died on Duty and Survivors' Compensation for Public Officials who died on Duty)

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