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(영문) 서울행정법원 2017.04.06 2016구합70055
유족보상금 부지급처분취소
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. On March 19, 1994, while the Plaintiff’s husband B (CB, hereinafter “the deceased”) was appointed as a police official on March 19, 1994, the Plaintiff’s husband attempted to do harm to knife from his office’s multi-use room to knife, and died after being driven by the 15th floor corridor.

B. The Plaintiff claimed for the payment of bereaved family’s compensation to the Defendant, but the Defendant rendered a decision not to pay bereaved family’s compensation on December 22, 2015, on the ground that “it is difficult to view that the deceased’s performance of duties was excessive, or the stress incurred in the course of performing his duties was extremely serious to the point of view of the social average person’s view, and, in light of the deceased’s treatment experience, etc., it is difficult to deem that the deceased committed suicide due to stress and personal inclination, rather than that of the deceased’s death caused by stress arising from his duties, and that it is difficult to recognize a proximate causal relation between the deceased’s death and the performance of official duties (hereinafter “instant disposition”).

C. On March 14, 2016, the Plaintiff filed a request for reexamination with the Public Official Pension Benefit Review Committee, but was dismissed on May 10, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 15, 23 evidence, Eul evidence 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was under severe stress due to excessive work and the poor working environment while working in the Seoul Labor-Management Police Station D Zone, and the stress caused more severe stress due to excessive work and responsibility while promoting the deceased. Although he was in a riot to avoid stress, mental stress resulted in aggravation of depression due to mental stress, but rather, physical stress resulted in aggravation of depression. Accordingly, the deceased’s suicide.

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