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(영문) 서울행정법원 2015.04.02 2014구합56598
유족보상금 부지급 결정 처분 취소
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 Plaintiff’s husband B died on November 6, 2013, while serving as the Prosecutor’s Assistant in the Daejeon District Prosecutors’ Office (hereinafter “C Branch Office”) at the Daejeon District Prosecutors’ Office (hereinafter “C Branch Office”).

(hereinafter referred to as “the deceased”). B

On December 5, 2013, the Plaintiff filed a claim for bereaved family's compensation under Article 61 (1) of the Public Officials Pension Act with the Defendant regarding the death of the deceased.

C. On January 17, 2014, the Defendant notified the Plaintiff that “the deceased’s death is difficult to be deemed to have a substantial causal relationship with public duties or official duties, and thus, the Plaintiff’s claim for compensation of bereaved family members should be determined on the site payment” (hereinafter “instant site payment disposition”).

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 5, the purport of the whole pleadings

2. Whether the disposition of the site pay in this case is lawful

A. The Plaintiff’s assertion was dealt with as the principal investigator of the D’s office from February 2013 to July 201, while taking charge of the “a stamp investigation work of the Prosecutor exclusively in charge of special guard” at the C Branch Office.

During the investigation period, the deceased repeated night investigation, night locked work, holiday work, etc., and had a strong physical and mental pain due to strong intensity of work.

In addition to the above important criminal investigations, the deceased, who is the prone b B-type prone colon due to overwork and stress conducted in the prosecutor's investigation duty, has been suffering or aggravated.

Therefore, the death of the deceased should be considered as death in the line of duty, and compensation for survivors should be paid to the plaintiff based on Article 61(1) of the Public Officials Pension Act.

나. 관련 법령 ▣ 공무원연금법 제61조(유족보상금 및 순직유족보상금) ① 공무원이 재직 중 공무로 사망한 경우 또는 재직 중 공무상 질병 또는 부상으로 사망하거나 퇴직 후 3년 이내에 그 질병 또는 부상으로 사망한 경우에는 그 유족에게 유족보상금을 지급한다.

C. The deceased’s intestine infection.

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