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(영문) 서울행정법원 2015.10.07 2015구합51859
유족급여및장의비부지급처분취소
Text

1. The Defendant’s disposition of paying bereaved family’s compensation against the Plaintiff on June 23, 2014 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. A. On April 10, 2014, the Plaintiff’s husband, worked as D. Around 17:00, the Plaintiff’s husband, and around 17:00, the Plaintiff died by suffering from multiple damage to the head, etc. of the entrance of the apartment, which was occupied by windows from the hallway stairs between the 13rd and the 14th floor of the Gangnam-gu apartment in Seoul, where the Plaintiff and the deceased’s family members live.

B. On June 23, 2014, the Plaintiff asserted that “the deceased was affected by depression due to overwork and stress and died of suicide,” and claimed the payment of bereaved family’s compensation under Article 61 of the Public Officials Pension Act. On the ground that “the deceased’s death is difficult to be deemed as a result of private acts unrelated to his/her official duties,” the Defendant rendered a decision on the compensation for bereaved family’s compensation (hereinafter “instant disposition”) against the Plaintiff on the ground that “the deceased’s death is difficult to be deemed as a result of private acts unrelated to his/her official duties.”

C. The Plaintiff filed a request for review on the instant disposition with the Public Official Pension Benefit Review Committee, and the said Review Committee dismissed the Plaintiff’s request on November 11, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. 1) The Plaintiff’s assertion 1) Inasmuch as there is a proximate causal link between the deceased’s occupational stress and the outbreak and death of depression, the instant disposition is unlawful on a different premise. 2) The Defendant’s assertion’s assertion that it is difficult to view that the Defendant’s excessive stress and stress were accumulated to the deceased, the cause of the outbreak of depression to the deceased appears to be an individual person, such as the concern about health and apprehension, and the deceased’s symptoms were gradually recovered from occupational stress at the time of suicide, and the deceased’s depression was considerably recovered, and there was a significant mental suppression.

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