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(영문) 서울행정법원 2015.03.12 2014구합51562
유족보상금 중과실 결정처분 취소
Text

1. The Defendant’s disposition on November 14, 201 to revoke the decision on compensation for survivors’ compensation rendered by the Plaintiff on November 14, 2013

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On June 12, 1999, the deceased B(CB) was employed as a policeman and has been employed as a police officer.

B. From around 09:00 to 22:00 on September 23, 2013, the Deceased returned to home and voluntarily withdrawn rest at his/her own home. At around 02:30 on the following day, the Deceased was used and sent to a hospital (D hospital located in Young-si) emergency room by the 1119 rescue unit, and the Deceased died at around 03:45.

(Direct Death: Presumption of a funeral service in the line of duty, hereinafter referred to as “instant death”).

On October 18, 2013, the Plaintiff, the deceased’s spouse, asserted that the deceased’s death was caused by overwork and stress due to official duties, and demanded the Defendant to pay bereaved family’s compensation. On November 14, 2013, the Defendant notified the Plaintiff on November 14, 2013 of the decision on the gross negligence of bereaved family’s compensation to the effect that “The deceased’s death constitutes death due to official duties, but is deemed to have caused excessive smoking of alcohol, and thus, the deceased who suffers from high blood pressure shall be deemed to fall under “serious negligence” under the Enforcement Decree of the Public Officials Pension Act and the Public Officials Pension Act, and shall be paid after the reduction of half of

(hereinafter “instant disposition”) D.

The Plaintiff, who is dissatisfied with the instant disposition, filed the instant lawsuit on January 27, 2014.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 4, 7, Eul evidence 1 and 10, the purport of the whole pleadings]

2. The assertion and judgment

A. The Plaintiff’s assertion was suffering from excessive work and stress due to frequent stress while serving as a police officer. Since the cause of acute heart funeral, a private person of the deceased, is diverse, it cannot be concluded that the king witness’s high blood pressure disease is the cause of acute funeral, and drinking and smoking are common life habits that can be seen ordinarily by ordinary male workers in Korea. As such, the Deceased was a normal drinking and smoking.

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