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(영문) 서울행정법원 2021.01.08 2020구합55947
순직유족급여 불승인처분 취소
Text

Plaintiff

B The action shall be dismissed.

Plaintiff

A's claim is dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Details of the disposition;

A. The plaintiff A is the spouse of the deceased C (D life, hereinafter "the deceased"), and the plaintiff B (E) is the minor child of the deceased.

On December 29, 199, the deceased was appointed as a police officer on December 29, 199, and served as a police officer of slope rank at the second team of the Seoul Guro-gu Police Station F police box (hereinafter “instant police box”).

B. On January 31, 2019, the Deceased was transferred to H hospital by suffering from the accident that he/she was faced with the vehicle in which he/she was standing at the crosswalk in Guro-gu Seoul Metropolitan Government G (hereinafter “instant accident”). However, on January 31, 2019, the Deceased died on January 31, 2019.

(c)

Plaintiff

A on May 27, 2019, entered the claimant A and his/her bereaved family members into the plaintiff A and the plaintiff B, and applied for survivors' benefits to the president of the Public Official Pension Service through the head of the Seoul Guro Police Station.

On July 19, 2019, the Defendant: (a) made the Plaintiff A an addressee, and “the deceased’s death does not constitute a death in the line of duty, which is the requirement for the payment of survivors’ benefits on duty;” (b) made a decision on the application for survivors’ benefits on duty in accordance with the public official’s deliberation and resolution of the Public Officials’ Accident Compensation Council (hereinafter “instant disposition”).

On October 2019, the Plaintiffs filed a petition for review on the instant disposition with the Public Officials Accident Compensation Pension Committee through the president of the Public Officials Pension Service.

On December 19, 2019, the Disaster Compensation Pension Committee for Public Officials decided to dismiss the applicant's request for review by stating that the applicant is "the Plaintiff A (the relationship with the public official)".

Facts without dispute, Gap evidence 1 through 3, 7 (including branch numbers), and Eul evidence 1 through 2, the purport of the whole pleadings

2. With respect to the legality of the Plaintiff B’s lawsuit ex officio, the Health Team is required to determine the legality of the Plaintiff B’s lawsuit, and as recognized earlier, the Plaintiff’s application for survivors’ benefits on duty is indicated as the bereaved family members. However, the foregoing application (Evidence B No. 1) is written in the summary of preparation written in the same text.

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