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(영문) 서울행정법원 2016.07.21 2015구합10070
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. On August 18, 1997, the deceased B (hereinafter “the deceased”) who is the husband of the Plaintiff was appointed as a local medical officer of the D Public Health Center, and the D Public Health Center conducted health examinations, patient management, etc.

B. On December 10, 2014, while the Deceased was working at a Do public health clinic at his home located in Daegu Suwon-gu, as a D public health clinic, there was a traffic accident in which the deceased was placed on the right seat of the road (hereinafter “instant traffic accident”) on the road in front of the parking lot of the Museum, instead of being absent from the windows in the Gyeongbuk-gun, Chungcheongnam-gu, 08:45.

C. A fire occurred on the lower part of the instant vehicle due to the instant traffic accident, and the Deceased, by the 119 Emergency Squads, sent back to the Kandong Medical Foundation, but died on December 10, 2014.

The Plaintiff asserted that the deceased died due to an accident that occurred during the performance of official duties, and filed a claim for compensation of bereaved family with the Defendant. On March 3, 2015, the Defendant rendered a disposition of compensation for bereaved family’s compensation (hereinafter “instant disposition”) on the ground that “the deceased’s death appears to have been caused by chronic renal failure, not by the instant traffic accident, and thus, the deceased’s death does not constitute death on official duties.”

E. The Plaintiff appealed and filed a request for an examination with the Public Official Pension Benefit Review Committee, but the Public Official Pension Benefit Review Committee dismissed it on July 22, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion died not due to chronic renal failure, but due to the instant traffic accident during official duties.

Even if the deceased died due to chronic renal failure, the deceased shall be deemed to have died of a disease caused by official duties, since the chronic renal failure occurred or aggravated while performing excessive duties.

B. The instant traffic accident was recognized.

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