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(영문) 서울행정법원 2021.01.07 2019구합67531
순직유족보상금 부지급 결정 등 취소의 소
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1. Dec. 18, 2018: (a) the determination of the survivors’ compensation amount and the non-approval of the medical care for official duties, which the Defendant rendered to the Plaintiff on September 18,

Reasons

Details of the disposition

The deceased B (C life, hereinafter referred to as the “Death”) is a person who worked as a staff member of the office of post office D in the U.S. office in the Seoul District of U.S., and the plaintiff is the deceased’s spouse.

After the Deceased’s retirement on June 16, 2018, around 18:17, around 18:41, the Deceased was used in the Nodton Chapter under the F facilities located in Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant accident”). The Deceased immediately transferred to G hospital, but died without birth.

A private person directly on the deceased’s body autopsy is an “unclaimed prize.”

On June 22, 2018, the Plaintiff asserted that the deceased’s death constituted death in the line of duty, and claimed the bereaved family’s compensation for death on duty and the payment of medical care expenses.

However, considering that the Defendant’s direct death on September 18, 2018, “the deceased’s direct death” is “unexploited,” and that there was a history of long-term treatment due to the primary high blood pressure, the deceased’s death is considered to have caused the death by combined action of an individual’s vulnerability and physical personality or personality factors.

Based on the grounds that it is “the bereaved family members who died on duty and the cost of medical care for official duties” (hereinafter “each disposition of this case”). The Plaintiff appealed and requested the Public Officials’ Accident Compensation Pension Committee for review on November 26, 2018, but the said Committee rejected the Plaintiff’s request for review on the same ground as the instant disposition on February 26, 2019.

[Ground for recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3, Eul evidence Nos. 1 through 3, the overall purport of each disposition of this case, and the relevant laws and regulations are as shown in the attached Table.

Article 61 (1) of the former Pension for Public Officials Act (amended by Act No. 15523, Mar. 20, 2018) "Death caused by a disease caused by official duty, which constitutes the requirements for the payment of bereaved family compensation, is related to official duties.

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