2. The costs of the lawsuit shall be borne by the defendant.

A. Kim Jong-Un was appointed as a policeman on January 18, 1992 and served as a police officer until he/she died.

B. On November 15, 2010, the Jindo Police Station’s Information Security and Information Security were ordered to work as the head of the Information Security Station. However, on April 16, 2014, the Chonam-gun’s Chonam-gun’s Chonam-gun’s tidal wave, which is the jurisdiction of the Jindo Police Station, was sunken, and the majority of passengers died or went missing (hereinafter “the Sewol ferry accident”). The Kim Jong-gun performed duties related to the Sewol ferry accident from the date on which the Sewol ferry accident occurred to June 26, 2014.

C. On June 26, 2014: (a) around 55, 2014, Kim Jong-do returned to the sea of Ulsan-do in Jindo-do, and (b) around 2014.

7. 5. The body of Kim○-○ was discovered in the vicinity of that, and according to the death diagnosis report on the deceased, the cause of the death of the deceased was “the cause of the death of the deceased” and the type of the accident was “the next death due to suicide.”

D. On July 16, 2014, the Plaintiff, a wife of the deceased, filed a claim for the payment of bereaved family's compensation under the Public Officials Pension Act with the Defendant regarding the death of the deceased. On September 17, 2014, the Defendant notified the Plaintiff that the Plaintiff's claim for compensation for bereaved family's compensation should be made on the ground that the Plaintiff's death should not be considered as having a substantial causal relationship with the public duties, on the ground that the Plaintiff's death should be considered as having been caused by psychological injury or stress arising from the personal reason of the past, rather than that the Plaintiff's death was the main cause of over-the-job or stress.

2. Whether the disposition of this case is lawful

A. The plaintiff's assertion

After the Sewol ferry accident, the deceased returned 30,00 days out of 73 days from the date of 73 days of her arrival, and the remaining 70 days of her arrival at the Jindo gymnasium or indoor gymnasium. The deceased met the deceased’s body almost every day during 73 days and met with his family’s death. As such, the deceased was exposed to stress on the death at the scene of the Sewol ferry accident, which led to the death of his family. As such, the deceased was exposed to stress on the death in the process, which led to a significant decline in the normal perception and ability to select a person. Accordingly, there is a proximate causal relation between the deceased’s work and the deceased’s death. Accordingly, the Defendant’s disposition of this case based on a different premise is unlawful.

B. Relevant statutes

▣ 구 공무원연금법 ( 2015. 6. 22. 법률 제13387호로 개정되기 전의 것, 이하 ‘ 구 공무원연금법 ' 이라 한다 )제61조 ( 유족보상금 및 순직유족보상금 )① 공무원이 재직 중 공무로 사망한 경우 또는 재직 중 공무상 질병 또는 부상으로 사망하거나 퇴직 후 3년 이내에 그 질병 또는 부상으로 사망한 경우에는 그 유족에게 유족보상금을 지급한다 .다. 인정 사실

The following facts may be recognized by comprehensively taking account of the descriptions of Gap's evidence Nos. 2, 3, 5, 7, 8, Eul evidence Nos. 1, 2, and 3, Eul evidence testimony of witnesses, and testimony of this court's appraisal commission results and the overall purport of arguments. (1) The deceased's work status after the Sewol ferry accident occurred and before the death of the deceased) performed major information work and accident management affairs related to the Sewol ferry accident until the time of the death after the Sewol ferry accident. The deceased, immediately after the Sewol ferry accident occurred, he/she was able to investigate the situation of the deceased's own fishing vessel on his/her own and on his/her own, reported the situation to the Sewol ferry sinking site, and thereafter, he/she was able to ascertain the disaster situation until he/she was administered on June 26, 2014, to search missing persons and remains missing, to ascertain the situation of the deceased's work and family members in his/her neighborhood, to find missing persons and family members of the deceased's family members.

B) After the Sewol ferry accident occurred, the Deceased’s activities and information and guard status for 24 hours in addition to the information.

From April 16, 2014, which was the date on which the Sewol ferry accident occurred, the deceased did not leave the house where his family members were located for 70 hours from June 26, 2014 to June 26, 2014. The deceased did not work for 54 to 65 hours each month during the period from January 2014, which was the date on which the Sewol ferry accident occurred, and did not work for 139 hours each month during the period from January 3, 2014, but did not work for 139 hours and 3 days during the April 2014, which was the date on which the Sewol ferry accident occurred, and worked for 206 hours and 10 days during the period from May 2014, and for 30 hours during the period from June 1, 2014, respectively.

2) After the Sewol ferry accident, the Deceased had been able to say that, while performing his duties related to the Sewol ferry accident, the Deceased’s physical and mental condition, etc., during two months, the Deceased frequently told that it is difficult for his wife or his family. The Deceased talked about the Plaintiff, who was his wife, so that he was unable to sleep, and that he was not able to easily see the Plaintiff and his father. In addition, on the date of finding the body of the victim of the Sewol ferry accident, the Deceased complained that it would not be able to see the Plaintiff and his father, and that he was unable to see the Plaintiff’s body. And it was difficult for the Deceased to have his chested and continued, and that he was unable to see the Defendant’s family members in the Sewol ferry.

B) On April 20, 2014, after the Sewol ferry accident occurred, on April 20, 2014, the deceased was removed from the deceased’s father, etc., and the deceased did not seem to have been on the spot as above. Moreover, after the Sewol ferry accident, there was no combustibility between family members who could affect the deceased’s psychological condition until the deceased died. (3) On June 2014, the first half half of the Sewol ferry special promotion procedure was conducted for the deceased et al. on the deceased et al., and in particular, the deceased was recommended as a person subject to special promotion of the deceased's affairs related to the Sewol ferry accident (such as disaster accident action, etc.). The deceased was not subject to special interview on June 25, 2014, but he was not subject to special interview on the day after the Sewol ferry accident.

B) As seen above, the Deceased performed his duties as the ordinary day on the day following the death in a special hospital. In other words, on June 26, 2014, the Deceased visited the Jindo gymnasium from o.m. to o.m., to o.m., to o.m., the Deceased visited the family members of the missing in the Jindo gymnasium, attended the meeting of the government accident countermeasures headquarters, delivered their opinions, and visited the missing family members of Jindo gymnasium, and collected information and interview the missing family members. After the Deceased performed his duties as seen above, the Deceased dymnasium dymnasium and dysnife dys with the East gnasium around a night and around 20:0, the Deceased dymnasty called to the Plaintiff, and she made a call to the Plaintiff by changing the phone.

C) At the time of Jindo-do, the deceased was able to return home to the above post, and the deceased was able to do so. The deceased was able to live in the restaurant around 20:30, so long as the deceased was in the process of returning home, the deceased was able to live in his house, and the above restaurant's owner was aware that he was the police officer of the deceased, and the deceased was able to take away the deceased's vehicle, and the deceased was able to do so. The deceased was able to see that he was able to see that the above restaurant was able to do so, and that he was able to see that he was able to see that he was able to do so, and that he was able to see that he was able to see that he was able to do so, and that he was able to see that he was able to do so.

D) After that, the Deceased was found to another police officer on the part of Jindo-do, and when Lee Jae-cheon, who was a fluor of the Deceased, went to the site after contact, the Deceased was in a situation where he was called that he would not have access beyond the rail of Jindo-do. Accordingly, Lee Jae-cheon was approaching the Deceased and her horsed, and then divided his conversation for about twenty-five minutes with the Deceased and Lee Jae-cheon, who was seated. In the process, the Deceased was unable to hold his house due to the Sewol ferry accident, and was unclaimed to the Plaintiff and his father, and it was impossible to view his father as having recently moved to the Plaintiff and his father. The Deceased asked Lee Jae-cheon for his telephone to change his phone to that, and then divided it into several storiess with the Plaintiff and the Deceased, and then, he divided it into the Plaintiff and his children by requesting his children to make a few talks.

4) After having divorced, the Deceased’s other circumstances on the deceased were divorced, and the Plaintiff and the Deceased remarried in 2006. Before the divorce, the deceased had one son and one son between his wife and the Plaintiff, and the Plaintiff had one son. However, on February 2012, the deceased’s son committed suicide.

B) The deceased did not have any mental treatment or counseling prior to the death of the deceased, and there was no medical opinion on the deceased before the occurrence of the Sewol ferry accident. 5) In the instant lawsuit, the Kim Young-chul at the department of mental health at Egynam University, which appraised the death of the deceased, presented the following results of the evaluation. (1) Although it is presumed that the treatment of the Sewol ferry accident would have been reasonable, it cannot be said that the deceased had any intent to commit suicide until it was omitted from promotion.

(2) In light of the fact that a restaurant operator continuously displayed a firm intent to commit suicide to the degree that he/she is likely to be in danger while moving into the Jindo dog, the deceased cannot be deemed to have committed a dynamic suicide under the influence of alcohol. In the dialogue with a restaurant operator, the surrounding situation and personal information are relatively accurately and accurately stated in the conversation with the restaurant operator, so it cannot be deemed that the deceased lost his/her ability to determine due to drinking at the time of the accident.

(3) The Deceased had a mind to commit suicide after the decline in promotion, and there is a possibility that the Deceased would have determined to commit suicide during drinking with the person on the day of the accident, and that he might spread to remove fears caused by suicide.

(4) The divorce of the deceased and the suicide of her children can be deemed as having been adapted to the psychological burden and shock of the deceased after a considerable period of time from that time, and the deceased had not been treated due to depression, etc., so it cannot be said that the deceased had caused psychological stress to the extent that it may affect the deceased’s suicide.

(5) Although the possibility of physical and psychological pains related to the handling of the Sewol ferry accident cannot be ruled out, if it is determined that he/she would have died due to excessive drinking and sacrificing, he/she would have applied for promotion or renounced without having to have an interview, but the deceased would have been expected to have been able to have a special injury, and the process of dealing with the accident was relatively stable after the lapse of two months after the Sewol ferry accident, it cannot be said that there was a situation that could have a considerable mental shock, and other employees who have been in charge of dealing with the accident would also have been in excess of the same level of work (overf).

However, since there was no same problem (suic suicide), it is thought that excessive work in the process of the Sewol ferry accident could not have been directly caused by the deceased's suicide, and that the decline in promotion would have a further causal relationship with the deceased's excessive drinking and the suicide.

B) In the instant lawsuit, the Constitutional Court of the Republic of Korea, which appraised the death of the deceased, issued the following appraisal results. (1) The Deceased experienced an increase in the work volume that the deceased could have an excessive impact on an individual after the Sewol ferry accident.

(2) In the process of confirming the victims, the Deceased was directly present at the sinking site of the Sewol ferry, and it is believed that the damaged body of a young student had been repeated and experienced a considerable mental stress. However, it is believed that the Deceased had continued without getting out of duty and continued to do so. In addition, the Deceased, together with most of the family members of the victim after the Sewol ferry accident, continuously been exposed to an urgent situation where most of the deceased were dead, and as a result, it is presumed that the deceased's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's

(3) The Deceased has been exposed to stress repeatedly due to excessive work load, and thus shows emotional changes. The Deceased is presumed to have been caused by continuing occupational stress when it is determined based on the image of the deceased at the time of the accident, such as "the head of the household or the police," "the head of the police," "the head of the police," "the head of the Si/Gun/Gu," and "the head of the Si/Gun/Gu," "the head of the Si/Gun/Gu," and "the head of the Si/Gun/Gu, if you can see even if you can see it," or "the head of the Si/Gun/Gu, if you can see it."

(4) As seen above, the Deceased sent an interview because he fell under the qualifications for a special examination in the Do, where he had suffered physical and mental difficulties due to the management of the Sewol ferry accident. As a result, he saw that he was fright and frighted during a period exceeding 70 days, he saw that he was unable to sufficiently compensate for the work that he did not properly see his family for the more than 70 days.

(5) The Deceased seems to have been in a state of depression when inferred through the dialogue with the principal restaurant operator or the police of the police in the immediately preceding restaurant. The Deceased’s extreme choice of suicide is presumed to have been affected by the stress case, such as omission in promotion, in the state of continuous and excessive stress in the line of duty.

D. Determination

1) “A disease caused by official duties” under Article 61(1) of the former Public Officials Pension Act refers to a disease caused by official duties during the performance of official duties. As such, there is a causal relationship between the occurrence of a disease and official duties, and the causal relationship must be proved by the party asserting it: Provided, That such causal relationship does not necessarily have to be proved by medical or natural science, and where proximate causal relationship is recognized from normative perspective, there is proof. In a case where a public official dies due to a suicide, the disease is caused or aggravated due to the occurrence of a disease on official duties, or the disorder or stress in official duties overlaps with the main cause of the disease, and it can be presumed that such disease has resulted in suicide in a situation where it is impossible to expect reasonable judgment due to lack of normal perception, ability to choose action, mental suppression ability, or considerable decrease, and that there is a proximate causal relationship between official duties and death. In order to recognize such proximate causal relationship, comprehensive consideration of the degree of symptoms, symptoms of the disease or disease, general medical treatment, possibility of the disease, and circumstances leading to suicide, physical and mental condition 181.

2) We examine the above facts in light of the legal principles as seen earlier. First, it can be sufficiently recognized that the deceased had been overwork and had stressed during the performance of official duties. In other words, the deceased was accommodated in the police station or the Sewol ferry site where the deceased did not return home for 70 days from the date on which the Sewol ferry accident occurred to the date on which he/she was administered, with the exception of 3 to 4 days, and performed various duties related to the Sewol ferry accident. Accordingly, the deceased was 2 to 3 times prior to the above 70 hours during which he/she had worked for more than 3 to 10 days prior to the said 70 days, and the deceased’s body was missing on the date on which he/she had been deprived of work for 10 days prior to the said 10th day after his/her death, and the deceased’s body was transferred to his/her family members during the said 10th day after his/her second day after his/her death, and the deceased’s body was transferred to the deceased’s body.

As above, it is reasonable to view that the stress directly and continuously exposed to a large number of death and pain and loss of the deceased while performing their official duties at the least cable where the deceased’s large disaster control is performed is a serious stress exceeding the level of ordinary people’s experience in the course of performing their duties, and it is reasonable to view that it is an exceptional stress that is ordinarily difficult for a police officer in the environment where the deceased’s large-scale stress factors are exposed to more than the general public.

B) In addition, during the above 70 days of stress and stress, the deceased may be deemed to have been suffering from acute pain. In other words, the deceased frequently expressed that his family members of the above 70 period of time were not able to have been able to suffer from acute pain. It is reasonable to view that there was no direct causal link between the deceased’s death and 20 days of death, such as “I will not have been able to have been able to suffer from severe pain,” and “I would have to go back to the 5th day of death,” and “I would have to be able to see if I would have been able to suffer from severe stress on the part of the deceased.” Moreover, it is reasonable to view that the deceased was unable to have been able to suffer from severe stress on the part of his family members of the deceased, and that there was no direct causal link between the deceased’s death and 20 years of death on the part of his family members of the deceased, such as 20 years of death.

C) Meanwhile, at the special examination that was conducted on June 25, 2014, the Deceased’s 2 was suffering from depression. In other words, the Deceased was recognized as having performed his/her duties faithfully in order to cope with disasters near the two months at the scene of the Sewol ferry, and was recommended as a special promotion person in the upper half of 2014. As it was not selected as a special promotion person at the final interview stage, it seems probable that he/she aggravated the causal relationship between the Deceased’s 1 and the deceased’s 20th century. As such, the Defendant appears to have been unable to recognize the causal relationship between the Deceased’s death and the performance of his/her duties, and it was difficult to say that he/she could have performed his/her duties faithfully and faithfully during his/her work at the time of the above special examination. However, it was difficult to view that he/she had performed his/her duties without any reason to recognize the causal relationship between the Deceased’s 1 and his/her 3th century.

D) Furthermore, due to the outbreak and aggravation of the deceased’s depression, it can be deemed that the deceased lacks the normal perception ability, ability to choose an act, and ability to restrain mentally. In other words, the deceased, immediately before administered on June 26, 2014, up to 20:30 to 21:5, immediately before the deceased was administered, he did not seem to have been able to keep the deceased’s suicide out of his house because he was unable to see that the deceased might not have been able to see that the deceased’s suicide had been caused by his suicide. The deceased might not have been able to see that the deceased’s suicide had been caused by his suicide, such as the deceased’s family members, and that the deceased might not have been able to see that the deceased’s suicide had been caused by his suicide. The deceased might not have been able to see that the deceased’s suicide had been caused by his suicide, such as the death of the deceased’s family members, and that the deceased might not have been able to see.

E) The circumstances examined above are as follows. ① The Defendant alleged that he was fluored by drinking and his own person without any involvement in a mental disease because the deceased was taking advantage of his mental disease immediately before the outbreak of his duties. However, as seen earlier, it is difficult to view that normal dialogue with the above restaurant operator was possible in the process of taking advantage of his surrounding circumstances and personal information in the process of the conversation, and that there was a relatively accurate statement between the deceased at that time. ② The deceased did not receive treatment or consultation before the death, and there was no symptoms showing symptoms leading to the outbreak of his mental disease before the occurrence of the Sewol ferry accident, ③ The deceased appears to have been fluored in 206, and there was no reasonable proximate causal relation between the deceased and his family members, and thus, it should be viewed that there was no mental stress or mental stress in the process of performing his duties, and thus, it should be viewed that there was no other reasonable causal relation between the deceased’s death and that there was a decrease in his ability to receive his duty.

3. Conclusion

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition.

Judges Seo-sung

Judge Lee Dong-dong