B. Criteria for determining the proximate causal relationship between official duties and death

(c) The case holding that if the deceased was on a business trip or overtime duty while working in the family welfare center of ○○-gun for the treatment of pulmonary tuberculosis without completely treating it for the treatment of pulmonary tuberculosis, even if the above duties were not excessive to the average of the snow workers, it could be easily seen that the deceased’s pulmonary tuberculosis was rapidly aggravated at a general natural rate and eventually caused death, due to these accumulated diseases, even though they were not excessive to the average of the snow workers; and that there is room to deem that the pulmonary tuberculosis of the deceased was aggravated rapidly above the general natural rate and caused death;

B. In determining whether there is a disease caused by official duties, the existence of proximate causal relationship between official duties and death should be determined on the basis of the health and physical conditions of the pertinent public official, not the average person.

C. The case holding that even if the above work was not excessive to the average of the snow workers, if the deceased had been on a business trip or overtime work while working in the family welfare center of 00 military without completely recovering from the treatment of pulmonary tuberculosis for the treatment of pulmonary tuberculosis, it could be easily seen that the pulmonary tuberculosis of the deceased was rapidly aggravated at a general natural rate and eventually caused the death, due to these accumulated diseases, even though it was not excessive to the average of the snow workers.

Cases

1. According to the reasoning of the judgment below, since it is difficult to conclude that the above 1-year-old tuberculosis was abandoned through the respiratory machine and caused 1-year-old infection to the above 1-year-old office, and thus, it is highly likely for the elderly to have been infected when those who had been exempted from the deceased's body were exposed to tuberculosis 1 due to the very weak condition, and the physical and mental stability of the deceased's body was absolutely necessary, as it is hard to conclude that the above 1-year-old office of the deceased was infected with the above 1-year-old disease of the 1-year-old office of the deceased, and it is difficult to recognize that the above 1-year-old office of the deceased was infected with the above 1-year-old disease of the first 6-year-old office of the deceased, 1-year-old and the remaining 1-year-old office of the deceased, and it seems that the above 1-year-old office of the deceased was infected with the above 9-year-old office of the deceased.

2. The term "public official disease", which is the requirement for the payment of bereaved family's compensation under Article 61 (1) of the Public Officials Pension Act, means a disease that occurs during the performance of official duties and has a causal relationship between official duties and the disease. In this case, 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, the causal relationship should be deemed to exist if the disease occurred. In addition, the disease caused by excessive work should be deemed to include the basic disease that can be ordinarily performed at ordinary times or the existing disease rapidly aggravated at a natural speed beyond the normal speed due to excessive work (see, e.g., Supreme Court Decision 92Nu15819, Feb. 23, 1993; 92Nu1355, Jul. 24, 1992; 92Nu15819, Feb. 23, 1993). In determining whether there is a proximate causal relationship between official duties and the death should be determined based on health and physical condition of the pertinent public official.

According to the court below's determination, pulmonary tuberculosis is highly likely to be infected when a person in a state whose physical strength in his body has been deteriorated due to scarcitys and extreme surgery, etc., is exposed to tuberculosis germs, and in treatment, if he is infected with tuberculosis germs as a result of an absolute need for mental physical stability along with food care, the disease with symptoms aggravated, and if the above deceased were to be infected with tuberculosis germs, the disease aggravated. From April 18, 191 to May 14, 1992, the above deceased was serving within and outside the private-Gun Family Welfare System, 90 times, while performing the above work, and 67 times in the year 191, and the above 25 times in the year 191, until the death of the deceased, and even if the above 1982, the above 197 out-of-the-day and the above 197 out-time work of the deceased could not be seen as having been under the above average condition for treatment of tuberculosis during a long period of time.

Therefore, the court below should have further examined whether the above deceased's above business trip work and overtime work were not excessive in light of his health and physical condition at the time of his work in the Scheon-gun Family Welfare System, and whether the above deceased's business trip work and overtime work were accumulated due to such a business trip work and overtime work, and should have judged whether the above deceased's pulmonary tuberculosis rapidly aggravated due to the above work, and the above deceased's pulmonary tuberculosis is not the result of death. However, it is difficult to conclude that the above deceased's above business trip work and overtime work merely caused the death, and there is no other evidence to acknowledge the above deceased's excessive fact as a public duty. Thus, the court below did not err in the misapprehension of the rules of evidence without sufficient deliberation, and there is a ground for this point.

Therefore, the judgment of the court below is reversed and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Young-young (Presiding Justice)