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(영문) 대구고등법원 2019.10.18 2019누2832

유족급여및장의비부지급처분취소

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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.

Reasons

1. The reasoning of the judgment of this court concerning the instant case cited in the judgment of the court of first instance is as stated in the part of the judgment of the court of first instance, except for the Plaintiff’s addition of the judgment on the following arguments emphasized again by this court, and thus, it is acceptable to accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of

2. Additional determination

A. According to the Plaintiff’s statements on the record of medical records and the records of the deceased’s assertion, it is clear that the deceased caused depression due to occupational stress, and that such depression led to suicide. As such, there is a proximate causal relation between the death and the work of the deceased.

B. According to the statements in Gap evidence Nos. 5, 7, and 10, it appears that the deceased had a mental burden due to the omission of promotion to Grade 3, the conflict with his superior officer, the overseas dispatch of F, a subordinate employee, etc. from around 2007 when the first depression occurred.

However, in full view of the following facts: (a) the Deceased’s treatment of depression as above was performed until January 22, 2010; (b) appears to have been performed for a period of at least five years thereafter; (c) the Deceased’s work content and environment from June 2015 to the time of the Deceased’s death; and (d) there is no reasonable evidence to deem that human relations, etc. in the workplace has caused suicide or suicide due to a recurrence of depression or a recurrence of depression; and (b) it is difficult to recognize that the Deceased’s emotional distress and mental pain caused by extreme occupational stress and its aggravation to the extent that it is difficult to expect reasonable judgment due to considerable decline in his/her ability to recognize, choice, and mental suppression, and there is no other evidence to prove otherwise.

Therefore, there is a proximate causal relationship between the deceased's work and death.