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(영문) 서울행정법원 2015.09.10 2015구합58614
유족보상금부지급처분취소
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. From April 3, 2012, the Plaintiff’s son B (C students, hereinafter “the deceased”) served as a public official belonging to the Korea Social Welfare Service and Security Service, and took charge of affairs related to persons with disabilities.

B. After completing work on May 14, 2013, the Deceased, from around 19:30 to around 00:14 May 15, 2013, 201, dice and alcohol on three occasions in E and F materials, such as skins, headings, singing rooms, etc.

On May 15, 2013, the Deceased met with the train (J; hereinafter “the instant train”) at H Hadro located in G (a place less than 1.5km from D Station to I Station) (hereinafter “instant accident”), and then returned to K Hospital, but died on the same day at around 02:48 on the same day.

(The direct death on the body autopsy is a train accident).

On November 5, 2014, the Plaintiff filed a claim for the payment of bereaved family's compensation on the ground that the deceased's death was due to depression caused by overwork or mental stress according to his/her duties, and constitutes an accident caused by official duties. However, following deliberation by the Public Official Pension Benefit Council, the Defendant, on December 24, 2014, was appointed as the deceased as a social worker on April 3, 2012, and was in charge of social welfare affairs for about one year and one month until May 14, 2013. The details of duties performed during that period were excessive to the degree that he/she voluntarily conceals.

It is difficult to see that stressed in the process of performing his/her duties is extremely serious from the standpoint of the social average person, to the extent that he/she is unable to be able to be able to be able to remarkably under or overcome, and the deceased was placed in an acute stress situation due to occupational

In full view of the fact that there was no or special suicide opportunity, and that the deceased left from May 14, 2013, which was the day preceding the death, had a drinking place three times from around 19:00 to around 00:30 on May 15, 2013, and suffered an accident, the deceased died due to stress in the line of duty.

. rather than that.

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