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(영문) 서울고등법원 2015.08.20 2015누38933
보상금등지급신청기각결정취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The court's explanation of this case is the same as the reasoning of the judgment of the first instance, except where the plaintiff added a judgment on the matters asserted in the trial under paragraph (2). Thus, this case shall be quoted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

In addition, the police officers who concealed the vehicle from the road that was used on the Plaintiff’s assertion on the ground that the performance of their duties was done at great risk to the life and body of the human being, they were recognized as public officials who died on duty.

The plaintiff was killed due to the accident of this case while patroling the H Japan frequently caused by various accidents at night. This is the case where the plaintiff died while performing his duties at the risk of causing high risk to his life and body as in the above case.

Nevertheless, unlike the above case, the instant disposition that did not recognize the Plaintiff as a public official who died on duty is unlawful against the principle of equity.

Judgment

The case asserted by the plaintiff as similar to the accident of this case is that police officers died while carrying out their duties on the road along which the vehicle is traveling, and the accident of this case occurred while patroling according to the report by the deceased cannot be said to be identical to the case in terms of the content and nature of the duties, the danger of life and body accompanying the relevant duties.

Therefore, the Plaintiff’s assertion that the instant disposition is in violation of the principle of equity is without merit.

Therefore, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance shall be just, and the plaintiff's appeal shall be dismissed as it is without merit. It is so decided as per Disposition.

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