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(영문) 서울행정법원 2016.08.25 2014구합52237
유족보상부지급처분취소
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 July 31, 192, the Plaintiff’s husband, who was appointed as a local fire brigade around July 31, 1992, and was promoted to the local fire brigade around March 2, 2012, and thereafter, as the head of the 2 team team team leader of the Yanananan, Northern Fire Station D119 Safety Center (hereinafter “the safety center of this case”).

B. On April 30, 2013, the Deceased complained of inconvenience, such as the distance between the two parts of the Safety Center at around 19:25 while she was engaged in a campaign in the physical training room of the second floor of the Safety Center, and entered the waiting room to take rest.

C. At around 21:06, the Deceased was found to have been employed by the public interest service personnel working in the above fire station, and was sent to the emergency room at the time of the short-term university hospital at around 21:34, but was eventually killed as a sudden stop at around 22:18.

On July 26, 2013, the Plaintiff asserted that the deceased died of a disease caused by official duty, and the Defendant rendered a disposition of compensation for survivors’ compensation (hereinafter “instant disposition”) on the ground that “the deceased’s death is difficult to be deemed as having a proximate causal relation with his/her official duty or official duty, on the ground that he/she aggravated a fluoral friencism, which is a fluor’s disease, due to external factors, such as drinking and smoking, and that the fluoral fluor’s death was caused by a sudden outbreak of the fluoral fluor’s death.”

E. The Plaintiff appealed and filed a request for an examination with the Public Official Pension Benefit Review Committee, but the said Committee dismissed it on December 11, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 1 and 2 (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the deceased worked as a fire-fighting official for 21 years, while suffering from stress at all times, while serving as a fire-fighting official, and engaging in night duty as between the two to three.

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