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(영문) 서울고등법원 2013.12.19 2012누27505
유족보상금지급부결처분취소
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s refusal to pay bereaved family’s compensation against the Plaintiff on May 31, 2010.

Reasons

1. Facts of recognition;

A. B’s death and the Defendant’s disposition 1) B (C, hereinafter “the deceased”).

From October 27, 2008, the Plaintiff, who was the wife of Busan Regional Tax Office, worked as the captain of the D and F Department of the Busan Regional Tax Office. On November 29, 2009, around 05:32, 2009, the Plaintiff, who was the wife of B, was killed due to diversified damage on the head body body leg, etc., away from the block 103 2204 Dao-gu, Busan Regional Tax Office’s dwelling, which was his own dwelling. (2) On April 14, 2010, the deceased on the ground that the deceased committed suicide due to overwork and stress in the line of official duty and died on the part of the deceased. (3) The Defendant claimed the payment of bereaved family’s compensation under Article 61 of the Public Officials Pension Act, on May 31, 2010, on the ground that the deceased voluntarily committed suicide by his own resolution of the suicide due to excessive stress in the line of official duty, thus refusing the payment of bereaved family’s compensation.

(hereinafter “instant disposition”). (b)

The deceased’s career and family relation 1) The deceased graduated from the National Tax University on February 1, 1986 and was appointed as the tax office flag (class 8) on September 1, 1986 through the National Tax Office (Class 8) notification on March 1, 1986. 2) The deceased worked in the Seoul Regional Tax Office and served in the Busan Regional Tax Office from August 16, 1991, and was promoted to the Assistant Tax Office (Class 7) on April 1, 1995, and promoted to the Tax Office (Class 6) on October 21, 2002.

3) Around October 2008, the deceased worked in the Franchisium of the Busan Regional Tax Office, as the D Bureau E and Franchisium of the main office (Grade V) are special promotion officials (Grade V), and the head of the D Bureau E and the head of the regional tax office, who would be issued as the head of the regional tax office, recommended that the head of the D Bureau E and the head of the D Bureau, who will be issued as the head of the regional tax office, work as the head of D Bureau E and F Department from October 27, 2008. At that time, the deceased worked as the head of D Bureau E and F Department of the Busan Regional Tax Office as the head of the Busan Regional Tax Office’s office, a high school of one year to which the head of D and EF division of the main office were assigned as a special promotion official, but it could be a person eligible for special promotion.

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