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1. On December 20, 2014, the Defendant’s decision on compensation for survivors’ compensation made against the Plaintiff is revoked.
2. The costs of lawsuit shall be.
Reasons
1. Details of the disposition;
A. The Plaintiff’s husband B (hereinafter “the deceased”) committed suicide on July 14, 2014 with labels worn from the 09:40 on July 14, 2014 to the 1st floor toilets in the Gunsan-si, Sinsan-si, Sinsan-si, and around 21:48 on the same day.
B. On July 28, 2014, the Plaintiff filed a claim with the Defendant for the payment of bereaved family’s compensation, alleging that the deceased’s death constitutes an accident on official duty, but the Defendant rendered a decision on the compensation for bereaved family’s compensation on October 20, 2014 on the ground that “it is difficult to view that the proximate causal relation between the deceased’s death on official duty and the deceased’s death
(hereinafter “instant disposition”). 【The ground for recognition】 The fact that there is no dispute, Gap evidence Nos. 1, 2, and 3 (including those with serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s alleged suicide in a state that the depression caused by stress that was caused in the course of performing excessive duties has deteriorated, and the normal perception ability, ability to choose action, and mental suppression ability cannot be expected, and thus, the deceased’s death should be deemed as having a proximate causal relation between his/her duties.
In contrast, the instant disposition is unlawful.
나. 관계법령 ▣ 공무원연금법 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.
C. The “public official disease” which is a requirement for the payment of bereaved family’s compensation under Article 61(1) of the Public Officials Pension Act refers to a public official’s disease that occurs during the performance of his/her official duty, and there is a proximate causal relation between the occurrence of the public official’
The causal relationship is.