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(영문) 서울행정법원 2018.08.02 2018구합56664
공무상요양불승인처분 취소 등 청구의 소
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 is the spouse B.

B was born in October 27, 1989 and was appointed as a teaching assistant to the Jeonju prison of the Gwangju Regional Correctional Headquarters, and served in the above prison, the Seoul Regional Correctional Headquarters, the Suwon Regional Correctional Headquarters, and the Suwon District Branch of the Seoul Regional Correctional Headquarters (hereinafter referred to as the “C branch”).

B. B began to show a unique act, such as having not been aware of time from January 2017, and on March 10, 2017, at a single university hospital, B was diagnosed as “malopic cerebral cerebral cerebral cerebral cerebral cerebral cerebral Madys (HHE)” (hereinafter “the instant disease”).

B On November 8, 2017, around 20:20:20, the death was caused by pulmonary dump and flap blood transfusion based thereon.

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

B. Before birth, the Deceased claimed that the instant disease was caused by shortage of personnel, shift work, etc., and that it constitutes an occupational accident under the Public Officials Pension Act. However, on December 5, 2017, the Defendant applied for approval of medical treatment for official duties pursuant to the Public Officials Pension Act. However, on the ground that it is difficult to recognize the proximate causal relation between the instant disease and the deceased’s official duties, the Defendant made a decision on non-approval (hereinafter “decision on non-approval of this case”).

The Plaintiff asserted the same purport after the death of the deceased, and demanded the payment of compensation for survivors of public officials who died on duty under the Public Officials Pension Act on the premise that the death of the deceased constitutes an accident on official duty, but the Defendant, on February 14, 2018, rendered a decision on the site pay (hereinafter “the site pay”) on the ground that it is difficult to recognize the proximate causal relation between the disease or death of the deceased and the deceased’s official duties

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6 (if there are additional numbers, including each number; hereinafter the same shall apply), the purport of whole pleadings

2. Whether each of the decisions in this case is legitimate

A. The Plaintiff’s assertion is about six months before the outbreak while serving as a medical administrative assistant in the C branch.

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