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(영문) 서울행정법원 2016.08.19 2015구합75602
유족보상금부지급처분취소
Text

1. The Defendant’s disposition of compensation for survivors’ compensation against the Plaintiff on July 6, 2015 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff’s husband and wife B (C students, hereinafter “the deceased”) was appointed as elementary school teachers on March 1, 201, and served as the first half of the sixth-year teacher and the second-year chief teacher in the D elementary school under the Seongbuk-gu Seoul Metropolitan Government Office of Education from March 1, 2014.

B. Around 15:00 on December 4, 2014, the Deceased was removed from the hospital on the ground of her clothes, and was found to have died at her home around 10:15 on December 5, 2014.

C. On May 26, 2015, the Plaintiff asserted that the deceased’s death constituted an accident involving official duties and filed a claim for the payment of bereaved family’s compensation with the Defendant. However, on July 6, 2015, the Defendant rendered a decision on the compensation for bereaved family’s compensation on the ground that, in consideration of the fact that the deceased’s work did not go beyond the ordinary scope of duty, and that there was acute stress to the degree of causing acute funeral at the time of his/her death, and that there was no special treatment even if he/she was suspected of blood transfusion and high blood pressure as a result of the health examination in 2010 and 2012, and was issued with the instructions for re-examination and medical treatment but did not undergo any special treatment.

(hereinafter referred to as "disposition of this case"). / [Grounds for recognition] without dispute, Gap evidence Nos. 1 and 2 (including numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was accompanied by occupational division and excessive stress while holding the office of the first-year fence and the chief teacher of D Elementary School who was in office at the time of his death. As such, given that the existing high blood pressure rapidly aggravated above the natural progress and resulted in the death, proximate causal relation between the deceased’s death and his official duties is acknowledged.

Nevertheless, the instant disposition, which is contrary to the premise, is unlawful.

B. 1) The contents of the deceased’s work and the working environment A) D elementary schools are the number of regular classes.

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