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(영문) 서울고등법원 2019.09.25 2019누44028
유족급여및장의비부지급처분취소
Text

1. Revocation of a judgment of the first instance;

2. On April 22, 2015, the amount of bereaved family benefits and funeral expenses paid by the Defendant to the Plaintiff.

Reasons

1. Details of the disposition;

A. On November 26, 2011, while the Plaintiff’s husband’s husband’s work as a financial team (“the deceased”), the Plaintiff went out to a mountain of protein around 13:00 on November 26, 201, and was found to have committed suicide with the Plaintiff’s husband using a mountain log, which was installed on trees in the Domsan-ro, Domsan, Domsan, Domsan (hereinafter “Domsan”), 08:30 on the following day.

(hereinafter “instant disaster”). (b)

The Plaintiff asserted that the deceased’s death constitutes an occupational accident, and filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant. However, on April 22, 2015, the Defendant appears to have had occupational stress on the deceased. However, it is difficult to deem that the deceased committed suicide in a state of mental disorder due to lack of sufficient grounds to deem that the deceased was in a state of mental disorder that could have lost his/her own judgment. As such, the Plaintiff rendered a disposition of survivors’ benefits and funeral funeral expense (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed a request for review with the Public Official Pension Benefit Review Committee, but was dismissed on August 27, 2015 by the Public Official Pension Benefit Review Committee.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, and purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion was that the Board of Audit and Inspection suffered from extreme stress in relation to the case of “unfair payment of D installed value-added tax amount” which the Board of Audit and Inspection conducted against C, and thereby, the Deceased committed suicide in a state of mental disorder, such as normal perception ability, ability to choose action, and ability to restrain mental disorder.

As a proximate causal relationship exists between the death and the work of the deceased, the death of the deceased constitutes an occupational accident, and thus, the instant disposition otherwise determined is unlawful.

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

C. The deceased’s work experience and work experience in charge of the deceased, as well as the deceased’s work experience on 191.

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