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(영문) 서울행정법원 2017.02.17 2016구합62184
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 network B (hereinafter “the network”) served as a public official of Grade VI of the local industry belonging to Seo-gu Incheon Metropolitan City as a public official of Grade VI of the local industry, from September 17, 2013 to December 31, 2014, in the Seo-gu Incheon Metropolitan City’s civil petition for traffic and C Team (hereinafter “C Team”).

B. From January 1, 2015, the Deceased moved to the Incheon Metropolitan City Urban Railroad Construction Headquarters (hereinafter “Construction Headquarters”) from January 1, 2015, and submitted a retirement report on February 15, 2015, and retired on February 23, 2015.

C. On February 16, 2015, the Deceased attempted suicide on his/her hand on the same day, and was diagnosed as “Ilth’s U.S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. E.

On March 14, 2015, the Deceased was found to have committed suicide by cutting down the strings on the strings of the string boat, which was in 00:19 self-employed.

E. On October 1, 2015, the Plaintiff, the deceased’s spouse, claimed for the payment of bereaved family’s compensation to the Defendant. However, on December 9, 2015, the Defendant’s civil petition on the maintenance business entity’s civil petition against the Plaintiff, who was in charge of the deceased, was excessive enough to conceal himself/herself.

It is difficult to view that the stress occurring in the course of work or in the process of work was extremely serious from the standpoint of the social average person to the point of view that it is difficult to view that the decedent died due to occupational stress caused by his/her performance of duty.

Inasmuch as it appears that the deceased committed suicide due to the climatic salivists and personal inclinations more sensitive to stress than those, the deceased was subject to a disposition not to pay bereaved family’s compensation (hereinafter “instant disposition”) on the ground that it is difficult to view that there is a considerable causal relationship with his official duties.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, 5 (including branch numbers; hereinafter the same shall apply), Eul Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is that of the deceased.

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