2012Guhap3300 Revocation of Disposition of Non-approval for Medical Treatment for Public Duties

A

The Government Employees Pension Service

November 6, 2014

January 8, 2015

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

On June 1, 2012, the Defendant revoked the disposition of non-approval of medical care for the Plaintiff on official duties.

1. Details of the disposition;

A. The Plaintiff’s husband B (C) was appointed from the Jeonnam-do Fire Station to E on August 7, 1981 and served as fire-fighting officials in a fire station, etc. within the jurisdiction from January 19, 201 to the Safety and Security Organization in Seoul (hereinafter “the Organizing Committee in this case”) from January 19, 201 and was dispatched to the Safety and Security Organization in Seoul (hereinafter “the Organizing Committee in this case”) and was assigned as disaster prevention public officials due to depression, etc. from March 18 to April 2, 201; the Plaintiff was assigned from the Gneology medical branch; the Seoul National University Hospital from March 28, 2011 to May 29, 2011; and the Plaintiff was dispatched from the Organizing Committee in each of the instant case, such as the Defendant’s suicide from H Hospital to May 7, 2011; and the Plaintiff was dispatched from the Seoul High School to the Organizing Committee on May 17, 2011 to 14.

C. Around May 2012, the Plaintiff applied for the approval of medical care for official duties on the ground that the Defendant applied for the approval of medical care for official duties under the name of the injury or disease, on the grounds that it is difficult to view that there is a considerable causal relationship between the applicant branch and the official duties on June 1, 2012 after deliberation by the Public Official Pension Benefit Council (hereinafter “instant disposition”).

2. Whether the disposition of this case is lawful

A. The plaintiff's assertion

From August 1, 1981 to the end of 2010, the deceased mainly performed duties, such as fire, rescue and first aid, and public service, which are the inherent duties of fire officers, in the fire stations within the jurisdiction of Jeonnam-do, and from the end of 201. On January 19, 201, the deceased began to perform duties as a completely different disaster prevention public official in the existing duties after being ordered by the Safety Security Group of the Organizing Committee in Seoul located in Seoul, which was not desired by the deceased, and became friendly due to coercion due to environmental changes and changes in the work, and the demand for replacement was refused, but it was refused to request replacement from another person, but it was issued as I to Jeonnam-do Fire Headquarters on April 1, 201, but it could not be cured due to extreme stress due to deep work, and there was a proximate causal causal relation between the deceased’s application for medical treatment, such as depression, and thus, the instant disposition refusing to grant medical treatment on official duties is unlawful.

B. Relevant statutes

Attached Form 3 is as listed in the "relevant Acts and subordinate statutes".

(c) Fact of recognition;

(1) The deceased, including his work experience and duties, was appointed from 1981, 8.7. 1 to 2. 1, 10, 10, 200, 100, 100, 200, 100,000,000,0000,000,0000,000,000,000,000,000,000,000,000,000,000,0000,0000,000,0000,000,0000,000,000,0000,000,000,0000,000,000,000,000,000,000,000,000,000,00,000,00,00,00,00.

A person shall be appointed.

(2) The deceased’s treatment records

(A) During the period from March 18, 201 to April 2, 2011, when the deceased was on the duty of the Organizing Committee, the deceased complained of symptoms such as uneasiness, depression, and depression on the part of his/her workplace, and was diagnosed as 's emulsium emulsium' and consulted and harmacologic treatment. In addition, on March 28, 2011, the deceased was treated in the emergency hospital of the Seoul large school. On the following day, the deceased was diagnosed as 'the alcohol abuse (cohobuse)' in the body of the hospital. The deceased was diagnosed as 'the symptoms from April 11, 201 to May 23, 2011 without symptoms in the H hospital.

The deceased was diagnosed as a "malultic disorder" and was treated with pharmacologic treatment and mental treatment.In the past, the deceased was diagnosed as a "major depression disorder" on May 17, 201 and on May 20 of the same month, and received pharmacologic treatment.

(E) On May 23, 201, the Deceased was diagnosed as a “sulphical disability with a plaza certificate” and was hospitalized in the future, upon birth within the Maranam-do Net Medical Center.

(3) Details and medical opinions of the treatment hospital for the Deceased

(A) The records of the emergency room of Seoul National University Hospital ( March 28, 2011)

The symptoms of appeal show that knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife for two months.

Although there is a desire for ○○ retirement, it is argued to the family members, and this is the case that the family members are pressured in the workplace.In the case of personal history and character, it is highly likely that the father of the patient has a lot of mental and physical impacts on the changes in the environment.The father of the patient's marriage after the marriage of the patient, and there have been many conflicts as an economic support for the marriage of the wife and the patient at the time.

Medical Certificate of H Hospital Mental Health and Medical Doctor in the Republic of Korea (Law No. 11, 201) (No. 11, 201)

In the future, I think that the patient is in need of stability medical treatment, intensive observation, and continuous main treatment (including the treatment of medicine and hospitalization) for at least two months in the future due to depression, severe anxiety, negative accidents, suicide impulses, and centralized degradation.

C) Medical records of Jeonnam University Hospital

○ 주요 증상 : 열이 오른다. 여기저기 다 아프다. 밤을 못 잔다. 약을 먹으면 벌레 기어 다니는 느낌이 간헐적으로 있다. 밀폐된 공간에 있으면 답답해서 밖에서 바람을 쐬고 들어온다. 자살 시도를 했고, 지금도 죽고 싶다는 생각을 배제하지 못하겠다.0 2011. 1. 19. 공무원으로 근무하면서 엑스포 일과 관련해 파견 근무를 가고 싶지 않은데 서울로 가게 되면서 미열이 생겼음.○ 2011. 4. 4.경 자살 시도하였는데, 넥타이 매듭 끊어지면서 떨어진 것 같다고 하고, 그뒤에도 끈만 보면 올가미를 만들고 싶은 생각, 그것 때문에 딸이 계속 붙어 다닌다고 함.○ 내성적이고 소심한 성격. 우유부단, 결단성이 없다고 함. 남들에게 싫은 소리 하기도 싫고 듣기도 싫다고 함.

(D) Medical record appraisal statement at Samsung Seoul Hospital

The cause of the death caused by the deceased: A person’s additional suicide on the deceased’s family records; and the possibility that the deceased experienced diversology in 2000 on the medical records can be presumed to have experienced diversology in 200; the deceased appears to have had personal inclinations to experience diversical stress, which would have become a new work that was not harming before this situation; and such environmental and psychological stress would act as a promotion factor of the Eulde’s Eulde.

In other words, it is deemed that the deceased experienced from the depression with an environmental and psychological stress added to the personal inclinations vulnerable to the depression initially held by the deceased, and that the risk of suicide of the deceased was high. It is presumed that the 2000-year insertion recorded on the deceased’s medical record certificate was an eulic eulic eult.g., whether the eulic eulic eulic eulic eult was a chronic disorder, and that the eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eultulic eult.

(4) According to the statements made by the neighbors, according to the deceased’s father’s father’s husband’s wife and the deceased’s fellows, the deceased has a characteristic that she should complete all the work as a satch manager, and she has been forced to dispatch work without any choice while performing his/her duties for the Korean Organizing Committee, and the ability to use the essential computer for the Organizing Committee was sufficiently lacking. However, according to the Plaintiff’s written statement of statement (bereaved Family) of the Plaintiff, the character of the deceased is internal and it is impossible for the deceased to make his/her speech to do so.

[Ground of recognition] The absence of dispute, Gap's evidence Nos. 4 through 28, Eul's evidence Nos. 2 through 4 (including numbers), witness U, Q, Eul's testimony, and the result of the medical record appraisal of Samsung Seoul Hospital of this court, the F Organizing Committee of this court, Jeonnam-do fire headquarters, D fire station, fire station, Bosung fire station, Bosung fire station, and W fire station's fact-finding results and the purport of the whole pleadings.

D. Determination

(1) The term "occupational accident" refers to an employee's injury, disease, physical disability, or death caused by his/her occupational injury while performing his/her duties. As such, there is a causal relationship between his/her occupational accident and the occurrence of the accident, and the method and degree of proof must be proved by direct evidence. The method and degree of proof is not necessarily required to be clearly proved by direct evidence, but can be sufficiently proved to the extent that the proximate causal relation between occupational accident can be predicted by indirect facts, such as the health condition at the time of employment, existence of an existing disease, the nature and environment of his/her occupational work, and the transfer of another worker's same disease who has worked at the same workplace. However, even if it is judged that there is a proximate causal relation between occupational disease and occupational accident, it can be a cause for the outbreak and aggravation of the disease in general, and it is difficult to promptly conclude that there is a proximate causal relation between modern medical science and the disease for which the cause of its outbreak and aggravation has not been revealed (see, e.g., Supreme Court Decision 2008Du427, Apr. 27, 1998).

(2) 이 사건으로 돌아와 보건대, 위 인정사실에 의하면 망인이 서울 파견 근무로 인하여 전남 지역을 떠나 서울에서 근무하게 된 점, 새로운 사람들과 새로운 일을 하게 된 점, 익숙하지 않은 방재업무를 담당한 점, 컴퓨터 활용능력이 높지 않음에도 업무상 컴퓨터 사용 필요성이 높아 진 점, 망인이 이 사건 조직위원회에서 근무하던 기간 중 정신과에서 우울증 등 진단을 받고 치료받은 점 등의 사정이 인정되나, 한편, 위 인정 사실에 의하면 ① 망인이 서울 파견 근무 전에도 2000.경 불면증, 우울감, 불안·초조 등의 증상이 있는 등 우울증 에피소드를 경험한 것으로 보이는 점, ② 삼성서울병원 진료기록감정에 따르면 '첫 우울 삽화 이후 75% ~ 95%의 환자에서 한번 이상의 재발이 있는 것으로 알려져 있고, 따라서 과거 우울병 에피소드가 있었다면 그렇지 않은 사람보다는 다시 우울병 에피소드를 경험할 가능성이 높다'는 의견인 점, ③ 망인이 내성적이고, 평소 하고 싶은 말을 다하지 못하는 성격을 가지고 있었던 점, ④ 망인은 20대 중반 이후 음주를 시작하여 평소 주 3~4회, 한 번에 소주 2~3병씩의 음주를 하였고, 2011.경에도 매일 음주를 하다시피 하였으며, 2011. 3. 29.경 서울대학교병원 정신과에서 '알코올 남용(alcohol abuse)' 진단을 받았는바, 삼성서울병원 진료기록감정에 따르면 '알코올 남용 장애는 주요 우울장애의 50%, 조울증의 50~60%에서 동반되고, 알코올 남용 장애는 기분장애 환자에서 불량한 예후 인자 중 하나이다. 즉, 거의 매일에 해당하는 음주는 우울병 에피소드의 악화에 기여했을 가능성이 있다'는 의견인 점, ⑤ 망인의 아버지가 망인에 대한 경제적 지원 문제로 후처와 갈등을 빚다가 망인 결혼 1주일 뒤 자살한 가정사가 있는 점, ⑥ 망인의 파견 근무 기간이 약 2개월 10일 정도로 길다고 보기 어려우며, 위 파견 근무는 일회적인 사정으로서 2011. 4. 1. 다시 지방근무로 복귀함으로써 파견 근무에 관한 문제점은 해소되었다고 볼 수 있는 점, ⑦ 그럼에도 망인은 이 사건 조직위원회 파견 근무를 마친 후 병가를 내고 약 50일 간 자택에 머무는 기간 중에도 우울증 증상이 심해졌고, 결국 자살에 이른 점, ⑧ 망인의 서울 파견 전 3개월의 시간외 근무 내역과 비교하여 서울 파견 후 근무시간이 증가하지 않았고 오히려 줄어들었으며, 망인이 위 조직위원회 파견 근무 당시 업무와 관련하여 상급자 등으로부터 압력을 받는 등 업무와 관련하여 외부로부터 압박이 있었다는 자료는 없는 바, 망인의 위 조직위원회 파견 업무가 업무 내용의 변화는 있지만 업무의 양 또는 강도가 심하였다고 보기는 어려운 점, ② 망인에 대한 위 조직위원회 파견 및 그 후의 복귀 발령이 망인에 대한 문책성 인사 또는 부당한 인사라고 보기 어려운바, 직장 생활 중 전보인사로 인한 업무변화는 통상의 근로자로서 감수할 과정인 점 등의 사정 또한 인정되는바, 위 사정들을 종합하여 보면 원고가 제출한 증거들만으로 망인의 우울증 등 공무상 요양신청 상병과 공무 사이에 상당인과관계가 있다고 인정하고 부족하고, 오히려 망인의 우울증 등 공무상 요양신청 상병은 망인의 업무로 인한 것이 아니라 개인의 내재적 취약성에 기인한 것으로 봄이 상당하다. 따라서 원고의 주장은 이유 없고, 이 사건 처분은 적법하다.

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

The presiding judge, Kim Jong-sik

Judges Cho Young-chul

Judges Lee Jin-jin

A person shall be appointed.

A person shall be appointed.