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(영문) 서울행정법원 2016.12.02 2015구합62880
유족보상금지급거부처분취소
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. The deceased B (hereinafter “the deceased”) passed the public official examination in the Seoul Special Metropolitan City at the end of the preparation of the public official examination for about four years. From August 1, 2013, C Research Institute (hereinafter “the instant Research Institute”) (hereinafter “the instant Research Institute”) and his health researchers in the same room.

B. At around 07:20 on May 30, 2014, the Deceased committed suicide by binding scarf on his house in a scarf and scarf in a scarf in a locked state.

C. On March 9, 2015, the Plaintiff, a spouse of the Deceased, asserted that the Deceased’s death constituted death in the line of official duty, and claimed compensation for survivors of his/her family on the grounds that he/she committed suicide to the Defendant due to stress arising from sexual harassment on the part of his/her commercial worker and excessive work. However, on April 2, 2015, the Defendant died due to excessive occupational stress and stress.

Inasmuch as it appears that the deceased committed suicide due to the climatic salivists and personal inclinations more sensitive to stress than those, the deceased was subject to a disposition not to pay bereaved family’s compensation (hereinafter “instant disposition”) on the ground that it is difficult to view that there is a considerable causal relationship with his official duties.

[Ground of recognition] The fact that there is no dispute, Gap Nos. 1, 2, and 3, Eul Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was under an unstable status as a probationary official from August 1, 2013 to January 31, 2014, and was under stress due to the strong and violent work environment.

The Deceased was subject to sexual harassment from around August 2013 to November 2013 on three occasions from the workplace company’s sexual harassment, and the instant researcher continued to work in the same space from around March 2013, and taken insufficient measures regarding sexual harassment, such as having the said perpetrator and the instant researcher continue to work in the same space.

On November 21, 2013, the Deceased has caused sexual harassment to the Director of D division.

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