beta
Text
1. The Defendant’s decision on compensation for survivors of public officials who died on August 11, 2016 is revoked.
2. The costs of lawsuit shall be.
Reasons
1. Details of the disposition;
A. On June 22, 2016, police officers net C (D students; hereinafter “the deceased”) who worked for the Seoul Western Police Station B District (hereinafter “instant District”) was sent back to a hospital by the 119 rescue unit, and was diagnosed with cerebrovascular (hereinafter “the instant wound”), but did not recover from the operation on June 27, 2016.
B. On July 27, 2016, the Plaintiff, the deceased’s spouse, filed a claim with the Defendant for compensation for survivors of public officials who died on duty under Article 61(1) of the Public Officials Pension Act (amended by Act No. 14839, Jul. 26, 2017; hereinafter the same), but the Defendant rendered a decision on the compensation for survivors of public officials who died on duty on August 11, 2016 on the ground that “the result of deliberation by the Public Official Pension Benefit Council was deemed to have occurred due to the combination of low-disease diseases, such as notified toxic blood transfusion, regardless of official duties, and living habits, such as long-term smoking records over a long-term period of time, and it appears that the deceased was in an excessive performance of his/her duties beyond normal level in the course of his/her normal work, or was under an unfavorable environment compared to other members of his/her normal work, and that proximate causal relation between the deceased’s death and his/her official duty cannot be acknowledged” (hereinafter “instant compensation for survivors of public officials”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 6, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion was caused by physical skin and mental stress due to the shift work, night work, and heavy work of the police forces, etc., resulting in the instant injury and disease, and resulting in the death.
Therefore, the deceased falls under the case of death on official duty while in office, but on a different premise.