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1. The Defendant’s KRW 125,280,00 for the Plaintiff and the Plaintiff’s 5% per annum from March 25, 2019 to December 6, 2019.
Reasons
1. Basic facts
A. On April 12, 1984, the deceased B (hereinafter “the deceased”) was born to C, and was in charge of music teachers and safety life department work at D E secondary schools located in B at B at B at B at B at B at B at B at B at B at B at B at B at B, and died due to an unknown cause.
B. On February 2019, the Plaintiff, the deceased’s spouse, as the representative of the heir, filed an application with the Defendant for a direct bereaved family compensation without compensation on the ground that the deceased died due to an occupational accident. On March 25, 2019, the Defendant rendered a decision on the bereaved family’s compensation amount on the ground that it cannot be recognized that the deceased’s death and the relationship between the deceased
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 6, 7, and 8, Gap evidence No. 2-1 and 2-2, and the purport of the whole pleadings
2. The Plaintiff’s assertion is that: (a) from 2013 to 2018, the Deceased took charge of the duties of safe life in the E Middle School; (b) was engaged in community service activities with students; (c) was organized by organizing music rooms at the time of the death; and (d) was killed due to serious physical and mental stress; and (e) was presumed to have been suffered from mental stress; and (e) the deceased’s death is in a substantial relation with his/her duties and thus, (e) the Defendant shall pay the Plaintiff, the bereaved family member of the deceased, the surviving family of the deceased.
3. Determination
A. (1) Whether the deceased died of a disease on duty or not, the term “public official’s disease that serves as the requirement for the payment of bereaved family compensation under Article 61(1) of the Pension for Public Officials applicable mutatis mutandis pursuant to Article 42 of the Pension for Private School Act ought to be a relationship between the public official’s disease and the disease that occurred during the performance of official duties. However, even if the main cause of the disease is not directly related to official duties, if the disease overlaps with the main cause of the disease, it is related to that person’s disease.