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(영문) 서울행정법원 2017.03.23 2016구합51382
유족보상금 부지급결정처분 취소
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. The Plaintiff’s husband B (C) was appointed as a correctional officer in around 1976, and served as the commissioner of the Korea Correctional Agency from January 12, 2015.

B. From April 21, 2015 to April 30, 2015, B, while staying in Italy upon receiving an order for overseas business trip from April 201 to April 30, 2015, B filed an appeal for symptoms, such as brings, brings, and plebing, at a lodging house on April 25, 2015 and sent back to a hospital, but died as a acute heart flacing (e.g., heart flac), around 09:01 on the same day.

(hereinafter referred to as “the deceased”). (c)

Although the Plaintiff filed a claim for the payment of bereaved family's compensation to the Defendant, the Defendant: (a) on August 31, 2015, it is difficult to view that the deceased was overwork or engaged in excessive business operations beyond the ordinary scope of business continuously; (b) instead, he received long-term medical treatment due to high blood pressure, urology, urology, cology, deadly, and serious injury, etc.; and (c) on October 19, 2005, he/she received EDI (Defiction) early medical treatment; (d) the disease caused the death of the heart due to congenital malutism, etc. mainly due to the malutical marism, and eventually, the death of the deceased appears to have been naturally deteriorated and thus died at the heart, deeming that the deceased's death does not constitute "the compensation for survivors of public duties," which are the requirements for the payment of bereaved family's compensation under Article 61 of the former Public Officials Pension Act (Amended by Act No. 1387, Jun. 222, 2015, 2015).

(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased was interested in correctional facilities and prisons to the extent that he/she written a doctor’s degree thesis for the Bupyeong Traditional Correctional Facilities. The instant case pertains to “the status of the head of the group, who is the highest responsible person, from April 21, 2015 to April 30, 2015, is under the position of an overseas business trip, for the purpose of collecting procedures and materials for the establishment of correctional museums.”

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