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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 5, 191, the deceased B (C students, hereinafter “the deceased”) who is the spouse of the Plaintiff was appointed as a local public official under the jurisdiction of D City on September 5, 1991.
B. At around 17:00 on March 17, 2016, the Deceased, during the period of his/her leave of absence, committed suicide by hanging trees at his/her home room.
C. The Plaintiff asserted that there was a proximate causal relation between official duties and the deceased’s death, and claimed compensation for bereaved family members of the deceased on duty to the Defendant.
However, on December 20, 2016, the Defendant issued a compensation for survivors of public officials who died on duty (hereinafter “instant disposition”) on the ground that “the deceased complained of concerns about the family members before his death and stress following the decline in promotion, and suicide was committed while out of work for a considerable period of time due to his temporary retirement from office, and thus, it is difficult to recognize a proximate causal relationship between official duties and the deceased’s death.”
[Ground of recognition] Facts without dispute, Gap's statements in Gap's evidence 1 to 6, 8 and 9, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. In around 2008, the Plaintiff asserted that he had repeated and heavy stressed the overall planning work related to useful microorganisms (hereinafter “EM utilization project”). However, as at the time of promotion prior to the change of the division of duties of the Deceased, the Deceased went away from the promotion of local environment, and caused a serious fall off and sprinking. In addition, around 2012, the Deceased took charge of the “electric vehicle leading project” and repeated for a long time, and was subject to extreme stress.
However, on July 2, 2012, the deceased was promoted for continuous service as a local environmental department, but the team leader was not assigned.