[2] The case reversing the judgment below which held that a high school art teacher who suffered from an institutional tent-related disease was not a disease due to official duties, in case where the art teacher died of pulmonary resuscitation during the course of performing his duties in the academic conference and exhibition preparation work

[2] The case reversing the judgment of the court below which held that, in a case where an art teacher of a high school with an existing disease of institutional tent died of respiratory disorder in the course of performing his duties in preparation for the intra-school boom and exhibition instead of excessive treatment to ordinary people, the determination based on the health and physical condition of the teacher, on the ground that there is room to deem that the balthm style rapidly aggravated above the general natural speed and eventually led to death, since the accumulated mental stress, etc. caused by the preparation for the exhibition, based on the health and physical condition of the teacher

1. According to the reasoning of the judgment below, the court below acknowledged the facts of the judgment based on the macroscopic evidence, and determined that the above deceased's tent was an art teacher of the Geum Inscopic High School, the plaintiff's wife, and the plaintiff's 16 hours class was not hot, and the plaintiff's gate was not 16 hours per week, and if the environmental condition of the school where her work was more than her dwelling place, it is difficult to deem that the above deceased's tent was caused by dust or pollution around the school, and further, it is difficult to recognize that the degree of the tent of the deceased's tent and the contents of the exhibition preparation work were excessive to the extent that it caused death by rapid aggravation of the deceased's natural consciousness, and otherwise, there is no evidence to deem that there was a causal relation with the deceased's work or that the work of the deceased resulted in death rapidly aggravated, and thus, it does not constitute a death in the line of official duty.

2. In light of the records, the court below's decision that it is difficult to view the above deceased's organ tent as having occurred due to the pollution around the school is just and acceptable, and there is no error in the misapprehension of legal principles as to causation, such as theory of lawsuit, and there is no error in the misapprehension of legal principles as to causation.

3. However, the public official's disease, which is the requirement for the payment of bereaved family's compensation under Article 61 (1) of the Public Officials Pension Act, should have a causal relationship between the public official's disease and the disease caused by it during the performance of official duties. However, even if the main cause of the disease is not directly related to official duties, if the disease overlaps with the main cause of the disease, it should be deemed that there exists a causal relationship. Also, the disease caused by excessive work should be included in the basic disease that can be ordinarily performed at ordinary times or the existing disease rapidly aggravated at a natural speed above the normal speed due to excessive work. In determining whether there is a proximate causal relationship between official duties and death should be determined based on the health and physical condition of the public official concerned, not on the average.

However, according to the records, it was considerably difficult to find out that the above 10th anniversary of the death of Nonparty 1, who had been employed as a school teacher at the above 197.3. He had been suffering from 24 years old psychological distress, and that he had been employed for 64 days during 193. However, during 194, he only 6 times out of the country and 5 times per day, and that the above 1th anniversary of the death of Nonparty 1 had been on the 14th anniversary of the death of the deceased, he had been on the 196th day after he was on the 1st day after he was on the 1st day after he was on the 4th day after he was on the 1st day after he was on the 1st day after he was on the 4th day after he was on the 1st day after he was on the 1st day after he was on the 1st day after he was on the 1st day after he was on the 1st day after his death.

If so, the court below should have examined whether the above deceased's tuition duty was excessive in light of his physical condition at the time of death, even if the above deceased's tuition duty was less than that of other teachers, and should have deliberated and judged whether the above deceased's organ astronomical consciousness was rapidly aggravated than the natural progress rate due to overwork and mental stress, and not resulting in death. However, rejection of the plaintiff's claim on the grounds of its stated reasoning does not constitute an error of law by failing to exhaust all necessary deliberations or by misunderstanding facts against the rules of evidence. The ground for appeal pointing this out is with merit.

4. Therefore, the lower judgment between the Plaintiff and the Defendant is reversed, and this part of the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Cho Chang-tae (Presiding Justice)