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(영문) 서울행정법원 2018.05.24 2017구합87227
순직유족보상금부지급처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On August 27, 2016, the Plaintiff’s husband (CB, hereinafter “the deceased”) worked as a teacher at the D Middle School located in Gangseo-gu Seoul Metropolitan Government, and was used at 19:3 self-employed on August 27, 2016, and was transferred to an emergency room at 20:01 E Hospital on the same day, but died at around 20:49 on the same day.

B. The Plaintiff asserted that the deceased died due to an occupational accident and claimed compensation for survivors of public officials who died.

However, the Defendant died with a acute scarcity, and the Deceased was in excess of the level of ordinary skill.

Since it is difficult to deem that the deceased was exposed to mental stress, the determination of the compensation for survivors of public officials who died on duty on September 26, 2017 (hereinafter “instant disposition”) was made on the ground that it is difficult to recognize the proximate causal relation between the outbreak of acute distress and the performance of official duties of the deceased.

【Ground of recognition】 The fact that there has been no dispute, and all entries and arguments in Gap's Nos. 1, 2, and 6

2. Whether the instant disposition is lawful

A. The summary of the Plaintiff’s assertion is reasonable to deem that an acute franking, which is the cause of the death of the deceased, was caused by cumulative excessive stress and stress of the deceased, in view of the fact that the deceased participated in various investigation and audit procedures and suffered extreme physical and mental burden after the student suicide case occurred in around 2011, and that most teachers were in charge of the student leader’s duties, and that the psychological burden was added to the student leader at the request of a witness and inquiry of the civil litigation procedure related to the student suicide, during the course of performing excessive duties. In view of the fact that the psychological burden was added to the witness and inquiry of the civil litigation procedure related to the student suicide while the student leader was assigned to the position of most teachers, which is a challenge of the foregoing teachers,

(b) as shown in the attached Form of the relevant statutes;

(c)The following facts of recognition include the number of each evidence, evidence A, evidence A, 3, 8, 14, and 18 set forth above.

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