[1] The method of determining whether there is a proximate causal relationship between the clinical progress and aggravation of the viral viral hepatitis and chronic virus infection in the line of official duty

[2] In a case where a public official was hospitalized with chronic virus infection and 10 years have passed since being treated with chronic virus infection, the case holding that it is difficult to deem that chronic virus infection has been aggravated beyond natural progress due to stress caused by overwork or stress coming from the working environment

[1] The chronic virus infection can be found as a proximate causal relationship between official duties and diseases, which are the requirements for the payment of bereaved family's compensation under Article 61 (1) of the Public Officials Pension Act, only if exceptional circumstances exist that overwork or stress has aggravated the clinical viral viral viral viral viral viral viral viral viral viral viral viral viral viral viral viral viral viral viral viral terral viral viral viral viral viral viral viral viral viral viral viral viral viral viral viral viral viral viral viral viral viral viral viral viral viral viral viral vir.

[2] In a case where a public official was hospitalized with chronic virus infection and 10 years have passed since being treated with chronic virus infection, the case holding that it is difficult to deem that chronic virus infection has been aggravated beyond natural progress due to stress caused by overwork or stress coming from the working environment.

[1] Article 61 (1) of the Public Officials Pension Act / [2] Article 61 (1) of the Public Officials Pension Act

[1] Supreme Court Decision 2002Du5566 Decided October 25, 2002 (Gong2002Ha, 2889) Supreme Court Decision 2007Du23477 Decided July 24, 2008

Plaintiff (Bae, Kim & Lee LLC, Attorneys Yu-soo et al., Counsel for the plaintiff-appellant)

Public Official Pension Corporation

Seoul High Court Decision 2007Nu6276 decided October 23, 2007

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

The grounds of appeal are examined.

1. The chronic virus infection can be aggravated without overwork or stress, and clinically aggravated without overwork or stress, while the overwork or stress itself does not have any medical basis to deteriorate the chronic virus infection. Thus, unlike ordinary cases, there is no exceptional circumstance that overwork or stress has aggravated the clinical progress and the stimulity of chronic virus infection, there can be a proximate causal relation between official duties and diseases, which are the requirements for compensation for survivors under Article 61(1) of the Public Officials Pension Act, and diseases (see, e.g., Supreme Court Decisions 2002Du5566, Oct. 25, 2002; 2007Du23477, Jul. 24, 2008).

In addition, in order to recognize that there are such exceptional circumstances, it is necessary to compare and review the specific progress of diseases recognized by the relevant public official through objective tests, such as inter-functional test, air-going body test, and quantitative analysis of genes of chronic infection virus, etc., with the specific period, period, and degree of the relevant public official’s overwork or stress deemed to have been suffered from the normal scope, and whether there exist other factors such as overlapping infection or drinking.

If there is no objective result of such objective inspection, it is necessary to see that there is a proximate causal relation between the clinical progress of the disease and stress and the aggravation of the aftermathy, only when it is deemed difficult to expect such objective inspection by the relevant public official due to the burden of the ethical work, as a result of comparison and examination with the overall progress of the disease. In the case of the relevant public official, it is necessary to see that there is a proximate causal relation between the clinical progress of the disease and stress and the aggravation of the aftermathy, such as where the chronic virus infection is different from the natural progress due to overwork or stress, or where it is revealed that the chronic virus infection has

2. According to the reasoning of the lower judgment, the lower court acknowledged the facts as indicated in its reasoning after comprehensively taking account of the following: (a) the Nonparty’s working at the Embassy of Turkey prior to the outbreak of livers; (b) appears to have been somewhat excessive work and stressed while preparing for the presidential and Prime Minister’s instant cruise events after returning to the former Ministry of Foreign Affairs and Trade; (c) however, if the Nonparty 10 years after being hospitalized and treated with chronic virus infection in 1993 (39 years old), it is difficult to view that the Nonparty’s chronic virus’s natural progress or exceptional situation is difficult; (d) the Nonparty’s medical stress from the date of the Embassy of Turkey, other than ordinary work, could not be found to have been significantly excessive work despite having been performed; (e) it appears that there was no stress on the Nonparty’s remaining after the Nonparty’s 2’s overseas cruise from the date of Turkey’s arrival to the date of her chronic deterioration; (e) it appears that there was no other serious stress between the Nonparty and the Nonparty’s.

In light of the above legal principles and records, the fact-finding and judgment of the court below are just, and the judgment below did not contain errors in the misapprehension of legal principles as to causation between overwork, stress and liver disease, the progress of the non-party's liver cancer, the degree of overwork and stress, the environment of the non-party related to the inspection of disease, etc., such as violation of the rules of evidence, and violation of precedents

3. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Si-hwan (Presiding Justice)