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(영문) 서울행정법원 2018.04.05 2016구합66612
유족보상금 부지급처분취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is the spouse of B (hereinafter referred to as “the deceased”), and the deceased is a public official belonging to Daejeon Metropolitan City who returned home on October 14, 2014 and died after returning home.

B. On March 31, 2015, the Plaintiff asserted that the deceased constituted a case where he/she died of a disease or injury due to official duties, and filed a claim for the payment of bereaved family compensation with the Defendant.

C. On March 23, 2016, the Defendant rendered a decision on the compensation for bereaved families’ compensation, on the ground that it cannot be deemed that the deceased died of a disease or injury caused by official duties.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence Nos. 1, 2, and 3, Eul’s evidence No. 1, and the purport of the whole pleadings

2. The Plaintiff’s death of the deceased was caused by depression caused and aggravated by his official duties.

In particular, on January 2013, the deceased was transferred to C of the Water Supply Business Headquarters on the duty of life, was in charge of frequent business trip, long-distance movement, and the process of solving civil petitions, and the depression and the evaculation caused by the evaculation has deteriorated, and the mental suppression has been significantly deteriorated.

Therefore, since the deceased died due to a disease or injury caused by official duty, the disposition of this case refusing to claim compensation for survivors of the plaintiff on a different premise is unlawful.

3. Whether the instant disposition is lawful

가. 관련 법령 ▣ 구 공무원연금법(2016. 7. 28. 법률 제13927호로 개정되기 전의 것) 제61조(유족보상금 및 순직유족보상금) ① 공무원이 재직 중 공무로 사망한 경우 또는 재직 중 공무상 질병 또는 부상으로 사망하거나 퇴직 후 3년 이내에 그 질병 또는 부상으로 사망한 경우에는 그 유족에게 유족보상금을 지급한다.

B. 1) The work period of the Deceased’s work history and work content of the Deceased.

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