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(영문) 서울행정법원 2020.04.03 2019구합62529
유족보상금부지급처분취소
Text

1. The disposition of compensation for survivors’ compensation rendered by the Defendant to the Plaintiff on September 3, 2018 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. From November 4, 2015, the deceased B (Cre, hereinafter “the deceased”) was appointed as the head of the D Center affiliated with the Korea Meteorological Administration (hereinafter “instant Center”).

B. On April 23, 2018, the Deceased was used in the official ward on April 23, 2018, and was discovered by his/her staff.

In the body autopsy of the deceased, the private person of the deceased is written as “unexploitious.”

C. The Plaintiff, a spouse of the deceased, filed a claim for compensation for survivors of public officials who died on duty, but on September 3, 2018, the Defendant rendered a decision on the compensation for survivors of public officials who died on duty (hereinafter “instant disposition”) to the Plaintiff on September 3, 2018 on the ground that “the cause of death of the deceased is unknown, and it is difficult to deem that the deceased performed a serious duty beyond ordinary skill, or that the deceased died due to overwork or stress, and the deceased sustained treatment due to a climatic disorder and extra-public disorder, and thus, the deceased appears to have caused death.”

On February 26, 2019, the Plaintiff filed a request for review with E Committee against the instant disposition, but the said Committee rendered a decision to dismiss the Plaintiff’s request for review.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 9, Eul evidence No. 1 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the deceased died due to overwork and stress accumulated by the implementation of the F5-term import project, etc., or the climatic symptoms, which are the existing diseases, have deteriorated at a natural progress rate, and thus, there is a proximate causal relation between official duties and the deceased’s death.

Nevertheless, the instant disposition under a different premise should be revoked in an unlawful manner.

(b)as shown in Appendix 1 of the relevant statutes.

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