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(영문) 서울행정법원 2021.01.07 2019구합86006
순직유족급여 불승인 결정 취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Details of the disposition

The deceased B (hereinafter "the deceased") is appointed as a police officer on October 19, 195 and worked in the investigation division of the D police station of the Special Police Agency of Jeollabuk-do from May 13, 2016 to the deceased's spouse. The plaintiff is the deceased's spouse.

On September 30, 2018, the deceased was found to be concealed while carrying out mixed watch at D police station investigation and investigation support team office around Sundays 11:40 on September 30, 2018.

On April 2019, the Plaintiff complained of a severe pain as an injury inflicted on ordinary duty by the deceased, and the suicide led to the suicide. As such, the deceased’s death was caused by official duty, and the deceased claimed the bereaved family’s benefit to the Defendant who died on duty.

However, on September 23, 2019, the Defendant rendered a disposition rejecting the Plaintiff’s claim on the ground that it is difficult to view that the deceased’s hurgical certificate was caused by official duty, and that there is no particular reason to deteriorate the deceased’s hurgical certificate in the network’s working environment (hereinafter “instant disposition”). [The grounds for recognition] did not dispute, the Plaintiff’s assertion on the evidence Nos. 1, 2, 8, and 9 (including each number in the event there are numbers), 1, 2, 8, and 9, and the overall argument’s purport of the instant disposition is legitimate, and the Plaintiff’s assertion on the legitimacy of the instant disposition was sustained due to a traffic accident during his initial official duty appointed as a patrol officer, and thereafter, complained of the hurgic certificate during his lifetime, and the police officer’s assertion on the characteristics of the duty of the deceased who took a long time with heavy penal detention has gradually aggravated due to the hurgical aggravation.

As such, the Deceased’s ability to recognize and choose an act significantly drops the normal perception and ability to choose an act to the extent that it is impossible to expect a reasonable judgment due to the occurrence and aggravation of his duties.

Therefore, the death of the deceased is caused by official duty.

The relevant Acts and subordinate statutes and relevant Acts and subordinate statutes shall be as shown in the attached Form.

Military personnel, etc. shall be free of charge, stressed.

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