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(영문) 서울행정법원 2016.11.11 2015구합82372
유족보상금부지급처분취소
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 (hereinafter “the deceased”) was appointed as a public official on February 17, 1979, and worked as a rural instructor from July 201, 2014 to E in Ansan-si and Dong-si. Around 08:30 on November 11, 2014, the deceased was found to have been at around 09:10 on the same day, and was sent to the F Hospital immediately after being discovered to have been used as a food, but was sent to the F Hospital at around 10:22 on the same day. The doctor of the department of emergency medicine in the F Hospital diagnosed the deceased’s private person at the time of his/her diagnosis as “admonical fluorial fluorial fluorial fluor.”

B. On March 11, 2015, the Plaintiff filed a claim for the payment of bereaved family’s compensation under Article 61(1) of the former Public Officials Pension Act (amended by Act No. 13927, Jan. 27, 2016) with the Defendant on March 11, 2015, but the Defendant rendered a disposition ordering the Plaintiff not to pay bereaved family’s compensation to the Plaintiff on May 18, 2015 on the ground that it is difficult to deem that the deceased died on official duty or died of a disease due to official duty (hereinafter “instant disposition”).

[Reasons for Recognition] There is no dispute, Gap evidence Nos. 1 and 5, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The purport of the Plaintiff’s assertion was that the deceased’s death caused by excessive work and stress, and thus, the instant disposition on a different premise is unlawful.

나. 관계 법령 ▣ 구 공무원연금법(2016. 1. 27. 법률 제13927호로 개정되기 전의 것) 제61조(유족보상금 및 순직유족보상금) ① 공무원이 재직 중 공무로 사망한 경우 또는 재직 중 공무상 질병 또는 부상으로 사망하거나 퇴직 후 그 질병 또는 부상으로 사망한 경우에는 그 유족에게 유족보상금을 지급한다.

C. Determination of whether a person is entitled to bereaved family compensation under Article 61(1) of the Public Officials Pension Act refers to a disaster that occurred in connection with official duties, and thus, there is causation between official duties and the disease.

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