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(영문) 서울행정법원 2016.04.14 2014구합64247
유족보상금 부지급결정 취소
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, 2013, the Plaintiff’s husband, worked for a public official in charge of Grade D of the National Assembly Secretariat C Center of the Republic of Korea (hereinafter “the network”), and died of multiple organ damage on the same day by being administered in Bbeca on May 1, 2013.

B. The Plaintiff filed a claim for the payment of bereaved family’s compensation with the Defendant on December 20, 2013, on the ground that the deceased’s death constitutes an accident involving official duties, the Defendant rendered a decision on the compensation for bereaved family’s compensation (hereinafter “instant disposition”). On the ground that “the deceased’s death is the result of intentional act or suicide, which is a private act unrelated to official duties, and thus, does not have proximate causal relation with that of official duties,” and the Plaintiff filed a request for review with the Public Official Pension Benefit Review Committee on the grounds of objection, but was dismissed on April 29, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the deceased, while serving as a public official in charge of the Secretariat C Center D of the National Assembly Secretariat, was under serious occupational stress due to the characteristics of the civil petition affairs that require the civil petitioner to directly face face-to-face treatment, excessive workload, etc., and thereby, the occurrence or deepen of depression led to suicide.

Therefore, the instant disposition is unlawful on different premise, even though there is a proximate causal relation between the deceased’s work, the outbreak or aggravation of depression, and the suicide of the deceased.

B. The following facts can be acknowledged based on the following facts: Gap evidence 3, Gap evidence 7-1, Eul evidence 8-16, Eul evidence 4, the fact-finding response to the Epathic spirit of this court, the results of the fact-finding inquiry and the results of the appraisal entrustment to the director of the Korea University Cancer Hospital, the witness F's testimony and the whole purport of the arguments.

1. The deceased shall be the National Assembly on April 10, 1995.

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