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(영문) 서울행정법원 2018.05.11 2017구합81861
순직유족보상금 부지급 및 공무상요양 불승인 결정 처분 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 B (CB; hereinafter “the deceased”) is a public official working as the head of Seoul D Elementary School Administration Office.

B. On February 10, 2017, the Deceased was found to have been laid down in the office while serving more than 20:00 on February 10, 2017, and was transferred to a hospital through a 119 emergency vehicle and received a diagnosis of cerebrovascular, and subsequently died on February 18, 2017.

C. On February 10, 2017, the Plaintiff, a spouse of the deceased, filed an application for approval of medical care for official duties and a claim for the payment of bereaved family’s compensation, alleging that cerebrovascular blood was caused by an over-the-counter surgery on the deceased’s duty.

However, on April 10, 2017, the Defendant issued a non-approval of medical treatment for official duties and a disposition of the compensation for bereaved families’ compensation (hereinafter “instant disposition”) against the Plaintiff on the ground that “the deceased cannot be deemed to have been in excess of the ordinary level in the course of performing his/her duties, there is no circumstance to deem that there was a sudden increase in work capacity and a sudden change in the working environment, or that cerebrovascular was caused by physical skin or mental stress, and that cerebrscular was presumed to have occurred due to blood pressure, etc., which is an existing disease of the deceased.”

E. The Plaintiff dissatisfied with the instant disposition and filed a request for review with the Public Official Pension Benefit Review Committee, but the said Committee rejected the Plaintiff’s request for review on August 24, 2017.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 36, 37, 51 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1 Deceased is excessive compared to the head of other school administration office due to construction works for the expansion of school complex facilities, follow-up measures due to the strike of an enterprise entrusted with after-school schools, and the compilation of the budget bill in 2017.

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