The case holding that it is difficult to deem that overwork or stress caused by duties caused by infections, such as forest species, hepatitiss, and pulmonary convergence, or that such disease has aggravated beyond normal conditions, thereby resulting in death.

The case holding that it is difficult to deem that overwork or stress caused by duties caused the outbreak of infectious diseases, such as forest species, hepatitiss, and waste, or aggravated the disease beyond normal conditions, thereby resulting in the death.

Article 4 subparag. 1 of the former Industrial Accident Compensation Insurance Act (amended by Act No. 6100 of Dec. 31, 1999); Articles 187 and 261 of the Civil Procedure Act; Articles 8(2) and 26 of the Administrative Litigation Act / [Liability for Admission]

Supreme Court Decision 2002Du5566 Decided October 25, 2002 (Gong2002Ha, 2889 Delivered on December 14, 2000)

Plaintiff (Mono Law Firm, Attorneys Park Jong-soo et al., Counsel for the plaintiff-appellant)

Public Official Pension Corporation

Seoul High Court Decision 2000Nu6611 delivered on December 13, 2000

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

The lower court determined that: (a) the Plaintiff’s husband Nonparty 1 was in service as a police officer and was infected with hepatitis B virus, and did not completely recover from the treatment; (b) the liver function of the malophal disease treatment process on the malophe species revealed thereafter has rapidly aggravated; (c) the malodity occurred; and (d) the new function of the malophe species became worse rapidly; and (c) the causes of the outbreak of the malophe species in modern medical science have not yet been clearly revealed; (b) the occurrence of the malophe species cannot be deemed as a direct cause of the outbreak and aggravation of the malophe species; and (c) chronic malophe diseases caused by the malophe cancer treatment of the malophe species, and there is no possibility that the pulmonary malophe disease and the pulmonary pulmonary pulmonary mal mal disease may not be deemed as a result of a chronic infection or any other chronic disease.

Compared with the evidence in the records, the fact finding by the court below is just and there is no illegality in the misapprehension of the legal principles as to the facts that the court below failed to exhaust all necessary deliberations or violated the rules of evidence.

In addition, in its factual basis, it is difficult to view that Nonparty 1’s overwork or stress caused by Nonparty 1’s duties was the cause of the outbreak of infectious diseases, such as his forest species, liver infections, and waste convergence, or at least aggravated the disease due to its normal progress, or that it caused the death. However, the lower court’s judgment based on the same view is justifiable, and there is no error of law by misapprehending the legal principles on the occurrence of diseases and proximate causal relation between the death of the disease and the duty.

We cannot accept the arguments in the grounds of appeal.

Therefore, the plaintiff's appeal is dismissed, and all costs of appeal are assessed against the plaintiff. It is so decided as per Disposition by the assent of all participating Justices.

Justices Shin Shin-chul (Presiding Justice)