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(영문) 서울행정법원 2018.11.29 2016구합7972
순직유족 보상금 부지급 처분 취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. B (C students; hereinafter “the deceased”) was appointed as elementary school teachers on July 4, 1984, and was assigned to the Busan District Office of Education D elementary schools from March 1, 2015 to work as sports teachers.

B. On July 9, 2016, around 12:00 on Saturdays, the Deceased moved to a toilet while leading students participating in the F Games in the E elementary school lecture. On July 9, 2016, the Deceased was discovered by parents and E elementary school health teachers and sent back to Busan National University Hospital on July 9, 2016, and died on July 15:31, 201.

C. A doctor of Korean law who examined the deceased’s body was directly diagnosed the cause of the deceased’s death as “emergency heart funeral” and the cause of the cause of the death directly by the private person as “emergency heart fluence.”

As a wife of the deceased, the Plaintiff claimed compensation for bereaved family members since the deceased’s death constitutes an accident on official duty. However, the Defendant notified the Plaintiff of the determination of site pay on August 31, 2016 according to the public official pension benefit council’s opinion that the proximate causal relation between the deceased’s death and his/her official duty cannot be acknowledged.

(hereinafter “Disposition in this case”). [Grounds for recognition] A] The fact that there is no dispute, Gap’s evidence Nos. 1 through 3, 9, Eul’s evidence Nos. 2 and 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the disease of the deceased rapidly aggravated due to stress and excess work caused by his duties, resulting in a serious depression or heart paralysis, thereby causing death. Therefore, the instant disposition is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. In fact, the Deceased was appointed as an elementary school teacher on July 1984 and worked for D elementary school from March 1, 2015 through E elementary school. In addition to the sports teacher, he/she is in charge of regular lessons.

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