유족보상금부지급결정취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except for adding the judgment as set forth in paragraph (2) below, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article
2. Additional determination
A. The “public disease” which constitutes the requirement for the payment of bereaved family’s compensation under Articles 3(1)2-2 and 61(1) of the Public Officials Pension Act refers to a disease that occurred on official duty during the performance of official duties. As such, there should be causation between the occurrence of a disease on official duty and the occurrence of a disease, and the causal relationship should be attested by the party asserting it.
However, the causal relationship is not necessarily required to be proved clearly in medical and natural science, and if proximate causal relationship is recognized from the normative point of view, there is such proof.
If a public official dies due to a suicide, there is a proximate causal relationship between the public official and the death in the event that the disease occurs due to the occurrence of a disease in the line of duty, or the excessive stress in the line of duty overlaps with the main cause of the disease, and that the disease is presumed to have resulted in suicide in a situation where the normal perception ability, the ability to choose an act, or the ability to restrain mentally, is lacking or significantly lowered, making a reasonable judgment impossible.
In addition, in order to recognize such proximate causal relationship, comprehensive consideration should be given to the degree of disease or post-injury of a person who committed suicide, general symptoms of the disease, the period of medical care, the possibility of recovery, age, physical and psychological conditions, the surrounding circumstances of the person who committed suicide, and the circumstances leading to the suicide.
(See Supreme Court Decision 2011Du32898 Decided June 11, 2015). However, suicide is essentially based on the fundamental free will, and thus, it is the stress that an employee has suffered in the course of performing his/her duties.