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(영문) 서울남부지방법원 2016.02.04 2013가합107370
유족보상금지급청구의소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The plaintiff is the wife of the deceased B (hereinafter referred to as "the deceased").

The defendant was established in accordance with the Private School Pension Act with the aim of contributing to the economic stability and welfare improvement of the teachers and staff and their bereaved families by establishing an appropriate benefit system for the retirement and death of the teachers and staff of private schools and the disease, injury and disability caused by their duties.

On March 1, 1987, the deceased was appointed to C Hospital (hereinafter referred to as the “instant hospital”) as a general doctor and worked at the said hospital for the period of 25 years and 8 months.

On October 18, 2012, the deceased worked at the above hospital and moved to the operation room at night on October 18, 2012, and was sent to the emergency room, but was killed due to the severe suspension due to the 10:02 level negoical landscape on the same day.

The Plaintiff applied for the payment of bereaved family's compensation to the Defendant on the ground that the deceased died due to an occupational accident, but the Defendant rejected the disposition on April 24, 2013 on the ground that the proximate causal relation between the deceased's death and his duty cannot be acknowledged.

Therefore, although the plaintiff filed a request for review of the above disposition with the Pension Benefits Review Committee, the plaintiff's request for review was dismissed on August 13, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, and death caused by a disease or injury caused by official duties under Article 61 (1) of the Public Officials Pension Act which is applicable mutatis mutandis under Article 42 (1) of the Act on Private School, which is applicable mutatis mutandis under Article 42 (1) of the Act on Private School, refers to a disaster caused by official duties. Thus, there must be causation between official duties and disease, and the causal relationship must be proved by the assertion. The method and degree of proof must not be necessarily proved by direct evidence clearly and clearly, but at the time of employment on the basis of health and physical condition of the pertinent public official.

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