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(영문) 서울행정법원 2017.03.02 2015구합79987
유족보상금 부지급처분 등 취소
Text

1. The Defendant’s disposition of compensation for survivors’ compensation rendered to the Plaintiff on October 15, 2015 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The deceased B (hereinafter “the deceased”) is a police officer who was appointed as a policeman on May 19, 199 and served mainly in a patrol unit, police box, etc. within the jurisdiction of the Jung-Eup Police Station on February 18, 2014 and was transferred to C and D.

B. Around 20:00 on March 31, 2014, the Deceased was removed from the Dental Office of the Jung-gu Police Station, but did not return home, and around 09:55 on the following day, the Deceased was found to be dead by breaking the neck by using her strings on the kniff’s seat at the 5th parking lot inside Jung-gu, Dong-gu, Jung-gu, Jung-gu, Seoul, Seoul, and then 19:5.

C. As a result of the autopsy on the deceased, the private person was found to be a swelved pen by means of swelds.

On July 2015, the Plaintiff, who was the deceased’s wife, applied for the payment of bereaved family’s compensation to the Defendant, due to excessive performance of duties and extreme stress, and caused the death of the deceased. However, on October 15, 2015, the Defendant rendered a decision on the compensation for bereaved family’s compensation on the ground that there is no proximate causal relation between the deceased’s death and his official duties on the ground that the Plaintiff was committed suicide due to a climatic and personal tendency responding to stress, rather than stress, rather than stress in the process of his duties.

(hereinafter “Disposition in this case”). [Grounds for recognition] The Disposition in this case is without dispute, Gap’s entries in Gap’s 2, 3, 9, 14, Eul’s 1 through 3, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was caused by excessive occupational stress, which led to suicide in a state where normal perception, ability to choose action, and mental suppression has considerably deteriorated due to such depression.

Therefore, since there is a proximate causal relation between the deceased’s death and his performance of official duties, the instant disposition that was otherwise determined should be revoked as unlawful.

(b)be issued in 1 C. of recognition;

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