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(영문) 서울행정법원 2013.10.24 2013구합4521
유족연금지급처분취소
Text

1. The Defendant’s disposition rejecting the payment of bereaved family’s compensation against the Plaintiff on December 7, 2012 is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The deceased B (hereinafter “the deceased”) began to serve as a public official from February 7, 2007. From March 16, 2009 to February 6, 2011, from the D Employment Center of the Busan Regional Employment and Labor Office (hereinafter “D Employment Center”) to the labor inspector from January 1 to July 1, 201, and from February 7, 201 to the Head of the D Employment Center of the Busan Regional Employment and Labor Office, respectively.

B. The Deceased shall work at the D Employment Center around 08:30 on July 10, 2012 and work.

After leaving the place between 09:30 to 10:00, it is found that at around 13:40, a person was aware that he was in a state of loss of consciousness and milching after head, and that he was transferred to the hospital of 119 first-lanes, but had already died.

The direct death of the deceased in the death diagnosis report is a "pactical heart color", and the preceding deather is a "pactical sulphical sulphrosis".

C. The Plaintiff, a wife of the Deceased, filed a claim for compensation for bereaved family with the Defendant for the payment of bereaved family's compensation by asserting that the deceased's death was an occupational accident. However, the Defendant rendered a decision on compensation for bereaved family's compensation (hereinafter "disposition of this case") on the ground that "It is difficult to view that the deceased's death was caused by his/her physical and mental factors or his/her physical disease aggravated than that of his/her official duties, and there was no substantial causal relationship with the deceased's death

[Ground of recognition] Evidence Nos. 1 through 8, Evidence Nos. 1 to 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that he was a labor inspector was unable to work and most of his work at work on holidays. Since the job performance support team’s work, the target amount of employment success in the year 2012 sharply increased to three times compared to that of the previous year, the Plaintiff’s burden and stressed as the responsible person while working overtime and holiday work.

Therefore, the death of the deceased is on official duty.

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