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(영문) 서울행정법원 2016.09.23 2015구합73729
유족보상금 부지급 결정처분 취소의 소
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. B was appointed as an elementary school teacher on September 1, 199 and started to work as an elementary school teacher on September 1, 199, and in the year 2013, C Elementary School 6 grade 3 (hereinafter “instant class”).

B. B, on June 12, 2013, after receiving a diagnosis of “satise telegraphic telegraphic telegraph certificate,” died at around 10:18 on August 22, 2014.

(B) A person who is a prior officer of a death diagnosis letter, shall be deemed to be a prior officer of a death diagnosis letter, and shall be deemed to be a prior officer, an intermediary, and a person who is a direct death.

The Plaintiff, a spouse of B (hereinafter referred to as “the deceased”), was dead on the ground of mental shock and stress, etc. on October 31, 2014, due to a case in which the father’s undergraduate type of a female student, who is in charge of the deceased’s wall, assaulted two male students, and died on the ground of his/her official duty, such as mental shock and stress.

On December 30, 2014, the Defendant cannot be presumed to have died due to official duties because the cause of the death of the Deceased is unclear, and thus, it is difficult to deem that a person irrelevant to official duties is deemed to have died due to immunodeficiency disease, and it is difficult to deem that he/she died due to occupational negligence and stress.

‘A disposition of compensation for bereaved family’ was rendered on the ground of the compensation for bereaved family.

hereinafter referred to as "disposition of this case"

(ii) [based on recognition] unsatisfy, Gap evidence 1 to 4, 12 to 15, and 19 to 20 (if any, with a serial number);

hereinafter the same shall apply.

written evidence Nos. 1 and 2 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

가. 인정사실 1) 이 사건 학급 내 폭행사건의 경위 가) 이 사건 학급 학생인 D의 아버지 E은 2013. 4. 12. 08:30경 이 사건 학급 교실로 찾아와 같은 학급 학생인 F, G(이하 ‘피해학생들’이라 한다)를 교실 앞으로 불러내어 피해학생들의 가슴을 1대씩 발로 찼다(이하 ‘이 사건 폭행사건’이라 한다). 나 망인은 사태를 파악하고 사건 관련하여 학생들을 면담하고 피해학생들을...

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