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(영문) 서울고등법원 2017.07.07 2016누67501
유족연금부지급결정처분취소 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3.Paragraph 1 of the text of the judgment of the court of first instance.

Reasons

1. Details of the disposition;

A. On June 14, 1997, the Plaintiff’s husband B (hereinafter “the deceased”) was appointed as the Army Noncommissioned Officers, and served as the GJ’s head from June 23, 2014 to the GJ’s head of the GJ.

B. From December 1, 2014 to March 3 of the same month, the Deceased was to perform the duties of the Director of the Korean War Station located in Gangwon-do. On December 2, 2014, around 19:05, the Deceased was discovered in the first floor of the Korean War Team F&C search, and was transferred to the hospital in an unidentified state, but died on the same day at around 21:26 on the same day.

C. On December 3, 2014, as a result of the autopsy conducted on the Deceased, the cause of the Deceased’s death was confirmed in an acute heart fluorial fluorial fluorial fluorial fluorction.

On May 29, 2015, the Plaintiff applied for a survivors’ pension for death on duty against the Defendant, but the Defendant rendered a decision on the amount of the survivors’ pension for death on the ground that the deceased’s death was caused by smoking, drinking continued, and neglected health care, and that the causal relationship between the deceased’s death and his/her official duties cannot be acknowledged (hereinafter “instant disposition”).

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In fact, the Deceased’s health condition as to the Deceased’s (A) had been hospitalized in the heart flacing around 2006. Around September 201, the Deceased was hospitalized after being hospitalized after being hospitalized after being hospitalized after being hospitalized after being hospitalized after being hospitalized after being hospitalized after being hospitalized after being hospitalized after being diagnosed by the Iropic disease. Around March 2013, 2013, the Deceased was diagnosed with an Iropical surgery, and he took drugs (Opalmon, Apirin protet) that could lower the risk of cardio-flacing color.

(B) The results of the deceased’s health examination are as listed below. The deceased’s results are as follows. The blood pressure (the highest/minimum total call levir, roll LDVrr.m. 83 km 2012 kg/m29.7 km/m29.7 kg/m25/70mHg.

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