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(영문) 서울행정법원 2017.04.28 2016구합62177
유족보상금부지급처분 취소
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. The deceased’s spouse B (hereinafter “the deceased”) was appointed as a public official in 191. From January 2, 2015 to July 5, 2015, the industry of the Down-si Office of Net City conducted forest fire prevention, disease control, and business management. From July 6, 2015, the Plaintiff’s spouse performed duties, such as accounting, office building management, and taxation, as the general official in charge of the affairs of the same Eup office.

B. From August 28, 2015 to 10:30 on August 28, 2015, the deceased, as well as social work personnel E, was unable to take the place after completing the work of arranging and transporting approximately 30 mpams to a warehouse with approximately 40 meters away from the closed and closed stop in the Eup/Myeon office, and was discovered at around 12:30, while being transported to a F Hospital, the deceased died at the said hospital on September 5, 2015, notwithstanding the procedure of 0:43 on 200:0 on 5, 2015.

C. Although the Plaintiff filed a claim for bereaved family’s compensation to the Defendant, the Defendant, on February 12, 2016, determined the compensation for bereaved family on the ground that “the deceased’s death is due to cerebral cerebral ties caused by high blood pressure, etc. rather than due to overwork or stress. The deceased’s ordinary duty and working environment are not likely to harm health, and there is no evidence to deem that the occurrence of the immediately preceding work volume is rapidly increased, or there was no sudden change in the working environment,” and that proximate causal relation between official duties and death cannot be acknowledged between official duties and death.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 4, 14 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. From January 2015 to August 2015, the Plaintiff asserted that he had an excessive work and stress to the extent that he/she would work more than 34 hours on an average monthly basis.

During the above period, the deceased is responsible for disease prevention work in the foot-and-mouth station, quarantine work in the tidal wave, forest fire prevention work, agricultural disaster investigation.

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