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(영문) 서울행정법원 2013.11.21 2013구합7292
유족보상금부지급결정처분취소
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 September 17, 2012, the Plaintiff’s spouse (C students, hereinafter “the deceased”) served as a school teacher and a department of student life human rights in D secondary schools located in Osan-si, and died from the D middle school toilet on September 17, 2012.

B. On December 24, 2012, the Plaintiff asserted that the deceased’s death constituted an occupational accident, and filed a claim for the payment of bereaved family’s compensation with the head of the Gyeonggi-do District Office of Education, through the head of the relevant district office of education. On January 21, 2013, 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 difficult to be deemed to have been caused by extreme injury, etc. due to his/her occupational reason, and thus, the causal relationship between official duties and

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s subject of study was the subject of the deceased’s assertion, and the principal of the student life human rights department was first conducted, and the burden of work was excessive.

The 6th National Committee on Countermeasures against School Violence (hereinafter referred to as the “School Violence”) was held immediately before the deceased’s death, and there were many students, and there was a conflict among the members, and in the process, he was ordered to take a quality measure from the head of the school, and as a result of the meeting, he was issued a harsh measure than that anticipated by the deceased.

There is no other cause to commit suicide against the deceased in addition to occupational stress.

Considering such circumstances, there is a proximate causal relation between the deceased’s work and the death since the death of the deceased was caused by occupational stress.

The instant disposition is unlawful on a different premise.

B. In fact, the Deceased, from March 1, 1991, worked as a middle school education teacher, and served in the D Middle School from March 1, 2012 to the time of death, 20 hours per week.

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