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(영문) 서울행정법원 2018.11.09 2018구합29
순직유족보상금 부지급 처분 취소
Text

1. The Defendant’s disposition of compensation for survivors of public officials who died on duty is revoked on November 21, 2017.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The deceased B (C students; hereinafter “the deceased”) is a police officer who was on duty as the Head of the D Zone 3 Team Team of the Gyeonggi-dong Police Station, the E police box leader, etc., and the plaintiff is the deceased’s spouse.

B. On July 29, 2016, the Deceased committed suicide in each apartment complex where he/she resides.

The Plaintiff, the deceased’s spouse, was notified that “the deceased was under serious occupational stress due to incombustibility and bad faith with his team members, etc., and the inspection and investigation of the deceased was conducted, and eventually, the deceased complained of his or her suppression. Accordingly, the deceased committed suicide while complaining of his or her suppression. Therefore, the deceased claimed the compensation for survivors of public officials who died on duty, and submitted a written claim for the compensation for survivors of public officials who died on duty to the head of the relevant pension handling agency.”

C. On November 21, 2017, the Defendant rendered a disposition on the compensation for survivors of public officials who died on duty, on the ground that, in full view of the fact that “it is difficult to deem that the cause of extinguishment between the deceased and the team members affiliated with the deceased was derived from the performance of their duties, and the part that the team members caused the deceased by filing a petition via a third party cannot be deemed as stress due to stress arising from the performance of their duties, the Defendant’s disposition on the compensation for survivors of public officials who died on duty, on the ground that it is difficult to acknowledge a proximate causal relationship between the deceased’s death and the official

(hereinafter “Disposition in this case”). 【No dispute exists, entry in Gap’s evidence Nos. 2, 4, 5, and 14, and the purport of the entire pleadings

2. Whether the instant disposition is lawful

A. Comprehensively taking account of the following circumstances alleged by the Plaintiff, it is reasonable to view that the Deceased caused euthanasia or depression due to stress in the line of duty, thereby resulting in suicide.

Therefore, there is a proximate causal relationship between the deceased’s official duties and the death, so the instant disposition is unlawful on a different premise.

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