유족보상금 부지급결정 취소
The judgment below is reversed and the case is remanded to Seoul High Court.
The grounds of appeal are examined.
1. The term “official disease” under Article 61(1) of the former Public Officials Pension Act (amended by Act No. 13387, Jun. 22, 2015) refers to a disease caused by official duty during the performance of official duties. As such, there should be causation between the occurrence of the disease and official duty, 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.
In a case where a public official dies due to a suicide, when a disease occurs in the line of duty, or an excessive stress in the line of duty 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 has resulted in suicide in a situation where the normal perception ability, the ability to choose an act, or the ability to restrain mentally or significantly drops, and where it is impossible to expect reasonable judgment, there is a proximate causal relation between the public official and the death
In order to recognize such proximate causal relationship, comprehensive consideration should be given to the degree of illness or aftermath of the suicide, general symptoms of the disease, period of medical care, possibility of recovery, age, physical and psychological situation of the disease, surrounding circumstances where the suicide was committed, and circumstances leading to the suicide.
(see, e.g., Supreme Court Decision 2011Du32898, Jun. 11, 2015). 2. Reviewing the reasoning of the lower judgment and the evidence duly admitted by the lower court reveals the following. A.
On April 10, 1995, the Plaintiff’s husband B (hereinafter referred to as “the deceased”) was appointed as a public official of the National Assembly, and began to work with the intention of the National Assembly, and was promoted to an administrative officer in 2010, and then to the legislative office.