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(영문) 서울행정법원 2015.11.13 2014구합75346
유족보상금중과실결정처분취소
Text

1. The Defendant’s decision on bereaved family’s compensation made on November 4, 2014 by gross negligence is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On August 11, 2014, the Plaintiff’s husband (the Plaintiff’s husband in May 1961) was used as the Head of the Safety Control Team and the C Team leader, and was transferred to a hospital and was under medical treatment on August 11, 2014, and died of cerebrovascular in August 12:23, 2014.

B. The Plaintiff’s claim for bereaved family’s compensation was defective, and the Defendant: (a) considered that B (hereinafter “the deceased”) died due to an official accident, but neglected blood pressure control; (b) caused the death by gross negligence; and (c) paid the Plaintiff the compensation for bereaved family’s compensation to the Plaintiff on November 4, 2014 (hereinafter “instant disposition”) by reducing the amount of benefits.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to Article 62(3) of the Public Officials Pension Act as to the legitimacy of the instant disposition, where a person entitled to receive benefits fails to comply with medical care instructions by gross negligence and thus makes the degree of illness worse, the Defendant need not pay all or part of the bereaved family benefits.

(See related Acts and subordinate statutes). However, the following facts may be recognized when adding the purpose of the entire argument to the statements in subparagraphs 1 through 6, and 7.

(1) The Deceased was diagnosed with acute fluoral fluorculm and ornamental culposis in 2003, and received pain treatment, such as receiving medical doctors regularly from the time of receiving treatment, and taking prescribed blood pressure drugs.

(2) From 2012 to 2014, the deceased’s weight, blood pressure, strophythy, and physical mass are as follows:

Division 82 in 2012, 2014, 82 blood pressure (mHg) 124/69 150/90 158/94 Doz-GTP (IU/L) 766 664 Domp (kg/L) 29.128.7, from 2012 to 2014, the deceased's blood pressure continued to increase between 2012 to 2014.

However, the Deceased has been taking the body of the Deceased on a regular basis for about 10 years, and there is no big change from 2012 to 2014.

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