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(영문) 서울행정법원 2015.04.24 2014구합14419
유족보상금부지급처분및공무상요양불승인처분취소
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. On May 1, 1988, the Plaintiff’s husband B (hereinafter “the Plaintiff’s husband”) was first appointed as a fire officer and served as the head of the D Fire-Fighting Administration and Equipment Accounting Team from September 1, 2009.

B. On May 14, 2012, the Deceased visited the National University Hospital to undergo a diagnosis on May 23, 2012 (hereinafter “the instant disease”). On September 17, 2012, the Deceased was receiving treatment, such as being receiving the transplant of the same he/she was under treatment on the part of receiving the surgery of the same he/she was under treatment at the National University Hospital on March 12:31, 2013.

C. On September 2013, the Plaintiff filed an application with the Defendant for approval of medical care for official duties, and filed a claim for bereaved family’s compensation on October 31, 2013. However, on December 13, 2013, the Defendant rendered a decision on the non-approval of medical care for official duties and the determination on the compensation for bereaved family’s compensation (hereinafter “instant disposition”).

Although the Plaintiff filed a request for examination against this, the Public Official Pension Benefit Review Committee dismissed the Plaintiff’s request on April 29, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 8, 9, Eul evidence Nos. 1, 2, 3, and 8 (including branch numbers), the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

A. The Plaintiff asserted that he had worked in an environment where the Plaintiff had a high risk of adverse effects on the part of the respiratory devices, such as inhalement of harmful substances, etc. during the performance of his duties, such as fire extinguishment and lifesaving for twenty-five (25) years. From around 2010 to May 2012, the Deceased was in charge of rebuilding of D fire station buildings, while performing an excessive work for at least twelve (12) hours a day and contracted with pulmonary tuberculosis.

However, as the pulmonary tuberculosis aggravated, the disease of this case occurred, and it is overro and mentally.

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