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(영문) 서울고등법원 2016.11.25 2016누32369
유족보상금부지급처분취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The grounds for this part of the disposition by the court are as follows: (a) the corresponding part of the grounds for the judgment of the court of first instance (as stated in the second two to three pages of the judgment of the court of first instance) is the same; (b) therefore, Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the

(However, on 2 pages 9 of the first instance court's decision, " Sundays" is deemed to be " Saturdays". 2. Whether the disposition in this case is legitimate

A. After the sinking of the Sewol Ferry on April 16, 2014, the Plaintiff’s assertion was mobilized to the F father’s day-to-day autopsy and search after the sinking of the Sewol Ferry on April 16, 2014, with a considerable amount of skin and stress accumulated.

In addition, in light of the fact that the police actively encouraged the activities of the club and reflects the activities of the club in high score, the activities of the club in which the deceased participated shall also be considered as extension of public duties.

Therefore, proximate causal relation should be found between the deceased's death and public duty.

B. The reasoning for this part of the relevant statutes is the same as that of the relevant part of the judgment of the court of first instance, and thus, this part is cited by Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

C. 1) The Incheon Samsan Police Station E Team, to which the Deceased belongs, is operated as a 24-hour shift department (24 hours), a watchkeeping, a 1 (8 hours), and a 2-day overtime (8 hours), and there are many cases where the case is handled after the work on duty or even after the work on duty.

B) From February 2014, the Incheon Samsan Police Station E Team had been engaged in an operation for 100 days from the arrest of the thiefs, and on April 16, 2014, the duty burden was increased due to emergency boundary service, F father's daily autopsy search, etc. due to the sinking of the Sewol ferry. (C) The number of employees was five, but on April 20, 2014, one of the team members was transferred to other local governments, but the number of employees was not supplemented, and the existing work was handled by four persons. D's deceased on April 2014.

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