Whether “Death caused by a disease caused by official duties” under Article 61(1) of the Public Officials Pension Act is applicable to cases where a person dies due to cerebrovascular, etc., because his/her existing chronic renal failure, which is an existing disease, together with a chronic renal failure (affirmative)

"Death caused by a disease in the line of duty" as stipulated in Article 61 (1) of the Public Officials Pension Act refers to the case of death of a disease caused by a disease during the performance of official duties by a public official. Therefore, there is a causal relationship between the disease caused by the death in the line of duty and the disease caused by the death in the line of duty. However, 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, and caused or aggravated the disease, it should be deemed that the causal relationship exists. Further, the disease caused by an excess shall also be deemed that the basic disease which can normally work at ordinary level or the existing disease becomes worse rapidly due to the excessive performance of his duties. Thus, if the head of the Eup/Myeon office where the usual chronic renal renal disease occurred due to the death in the line of duty and the death caused by a cerebriform damage caused by the death in the line of duty by the death in the line of duty due to the death in the line of duty due to the death in the line of duty.

Article 61 (1) of the Public Officials Pension Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Domin, Attorneys Park Jae-soo and 1 other, Counsel for plaintiff-appellant-appellant-appellant-appellant-appellant-appellant-Appellee)

[Judgment of the court below]

Public Official Pension Corporation

Seoul High Court Decision 90Gu6493 delivered on September 27, 1990

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

As to the Grounds of Appeal

"Death caused by a disease caused by an official duty" as stipulated in Article 61 (1) of the Public Officials Pension Act refers to the case of death of a disease caused by an official duty during the performance of official duty. Thus, there should be causation between the disease caused by the official duty and the disease caused by the death. However, even if the main cause of the disease is not directly related to the official duty, if the disease caused or aggravated as a result of the excessive performance of duty overlaps with the main cause of the disease, it should be deemed that the causal relationship exists. Further, the disease caused by an excessive performance shall also be deemed to include the basic disease that can be ordinarily performed at ordinary times or the case where the existing disease rapidly aggravated due to an excessive performance of duty (see, e.g., Supreme Court Decisions 87Nu81, Feb. 23, 198; 90Nu1274, May 22, 190; 90Nu381, Oct. 10, 1990).

According to the reasoning of the judgment, the non-party 1 was appointed as a local public official on March 5, 1973 and was performing his/her official duties, and the non-party 2 was under diagnosis of chronic renals on January 15, 198 when he/she was in office as the head of the Gyeonggi-gun Office for the deceased. However, the non-party 1 was under diagnosis of chronic renals on August 15, 198, but he/she was under diagnosis and again started work after he/she was under recovery of her own health and again, he/she had to carry drugs for six hours at the time on the 6th day after he/she was under control of the deceased's death. The non-party 1 was under control of the deceased's death due to chronic renals, and thus, the non-party 2 was under control of the deceased's death and was under control of the deceased's death at the 1st day after his/her own time during the 1st day after the 6th day after his/her death.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Young-young (Presiding Justice)