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(영문) 서울행정법원 2014.09.25 2013구합13327
유족보상금부지급결정처분취소
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;

가. 원고의 남편 망 B(C생, 이하 ‘망인’이라 한다)은 1985. 4. 9. 경위로 임용되었고, 1997. 6. 30. 경감으로 승진하였으며, 2006. 8. 28.부터 2009. 8. 28.까지 중국 쓰촨성(四川省)에 있는 주 D 대한민국 총영사관(이하 ‘이 사건 총영사관’이라 한다)에서 E로 근무하면서 비자여권공증 업무를 담당하였다.

한편, 2008. 5. 12. 14:28경 중국 쓰촨성 D시로부터 북서쪽으로 약 75km 떨어진 원촨현(汶川)에서 진도 8.0의 대지진이 발생하였다

(hereinafter referred to as “instant site”). (b)

On August 15, 201, the Deceased returned to the Republic of Korea at the end of August 2009, and was diagnosed as a stress disorder (PTSD) at the Kanam Hospital at the Kanam University Hospital at Korea National University on November 15, 201.

C. On April 6, 2012, the Deceased applied for medical treatment approval on occupational stress disorder to the Defendant. However, on April 23, 2012, the Defendant rendered non-approval on the ground that “It is difficult to recognize the relationship between the deceased’s after-duty stress disorder and the instant site dust,” and, on the basis of the characteristics and causes of the disease, etc. of the deceased’s physical factors, regardless of their official duties, are presumed to have been caused, regardless of their physical factors, etc., and thus, it is difficult to deem that there is a proximate causal relation with their official duties.”

In this regard, the Deceased filed a request for reexamination, but the Public Official Pension Benefit Review Committee dismissed it on September 18, 2012.

From May 25, 2012, the deceased temporarily retired from office and started medical care in G 206 at the beginning of the early of the year.

E. Around November 27, 2012, H, who was in the care of the Deceased, discovered that the Deceased appears to have a pulmone symptoms, and reported at 119, and then sent the Deceased to the Gangwon Geosung Hospital. However, on November 27, 2012, the Deceased was already dead on or around 05:24, when the Deceased arrived at the hospital.

In November 27, 2012, the private person on the body autopsy prepared by the physician of Gangwon-gu Hospital I on November 27, 2012 is an aesthetic prize.

F. Survivors’ compensation.

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