유족보상금부지급처분취소
1. Revocation of the first instance judgment.
2. On February 24, 2012, the Defendant’s disposition of paying bereaved family’s compensation rendered to the Plaintiff is revoked.
1. The grounds for the judgment of the court of first instance, which cited this case, are as follows, with the exception of (1) of Article 2-D (2) of the judgment of the court of first instance (2) of the judgment of the court of first instance (2) of the judgment of the court of first instance, and (3) of the judgment of the court of first instance (2) of the judgment of the court of first instance, are as follows.
Therefore, it is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
[Attachment] Paragraph (Ra) of Article 2 (Attachment 8 to 11 of the Judgment) among the grounds of the judgment of the court of first instance is "D (Attachment 9 to 8 of the Judgment)."
Judgment
(1) The term “public official disease” which serves as the requirement for the payment of bereaved family’s compensation under Article 61(1) of the Public Officials Pension Act refers to a disease that occurred during the performance of official duties by a public official, and thus, there is a proximate causal relationship between the occurrence of
The causal relationship should be proved by the claimant, but even if it is not necessarily proved by medical or natural science, if the proximate causal relationship is recognized from the normative point of view, it should be viewed as proved.
Therefore, in a case where a public official commits suicide, when a disease on official duty occurs, or an overwork or stress overlaps with the main cause of the disease, resulting in the outbreak or aggravation of the disease, and when it can be inferred that such disease lacks normal awareness ability, choice ability, mental suppression ability, or considerable decrease in the ability to prevent the occurrence of a suicide, and that a reasonable judgment has been caused due to the failure to expect, proximate causal relation between the official duty and the death may be recognized.
In order to acknowledge such proximate causal relationship, comprehensive consideration should be given to the degree of the disease or aftermath of the person who committed the suicide, the general symptoms of the disease, the period of medical care, the possibility of recovery, the age, physical and psychological situation, the surrounding circumstances of the person who committed the suicide, and the circumstances leading to the suicide.
Supreme Court Decision 2013Du16760 Decided January 29, 2015