In a case where Party A, who was employed as a nutrition teacher at an elementary school, was deprived of consciousness while eating at a school meal room, was sent to a hospital, and died due to cerebral blood, and the husband of Party A claimed the payment of expenses of medical care expenses and bereaved family's compensation, but the Government Employees Pension Service rendered a decision on non-approval of medical care for official duties and the determination on compensation for bereaved family's compensation on the ground that it is difficult to view that there is a proximate causal relation with Party A's disease, the case holding that the above disposition was unlawful on the ground

In a case where Party A, who was employed as a nutrition teacher at an elementary school, was able to prepare for meals in the school meal room, lost consciousness during the school meal preparation, was sent to the hospital, and died due to cerebrovascular, and the husband of Party A claimed the payment of expenses for medical care and bereaved family's compensation, but the Government Employees Pension Service rendered a decision on non-approval of medical care for official duties and the compensation for bereaved family's compensation on the ground that there is no proximate causal relation with Party A's disease, the case held that Party A's actual working hours exceed 9 hours for up to 8 hours per day as stipulated in the Labor Standards Act, and that Party A's nutrition classes, parents disclosure classes, and disclosure classes were conducted for about 3 months prior to the occurrence of the outbreak, and the Plaintiff was present at the Research Council of the School Meal Service, and that the aforementioned disposition was deemed to have taken considerable time and stress due to Party A's official duties, and that Party A's death did not have any natural pressure and pressure over drinking at the time of death.

Articles 35(1) and 61(1) of the Public Officials Pension Act, Article 11(2) of the Enforcement Rule of the Public Officials Pension Act

Plaintiff (Law Firm New Cancer, Attorneys Lee Tae-o et al., Counsel for plaintiff-appellant)

The Government Employees Pension Service

July 24, 2014

1. On September 27, 2013, the Defendant’s determination of compensation for survivors’ compensation to the Plaintiff and determination of non-approval of medical care for official duties shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Details of the disposition;

A. On June 10, 1997, the deceased Nonparty (hereinafter “the deceased”) was appointed as a public official in food sanitation service and started to work at a public school. From September 10, 2007 to February 29, 2012, the deceased Nonparty worked as a nutrition teacher at the ○ Elementary School and from March 1, 2012 to △△ Elementary School.

B. On June 18, 2013, at around 11:40, the Deceased filed for food distribution with the school meal service room at △△△ Elementary School, and then filed for an appeal for the symptoms of the sabroma in the safafafafafafafafafafafafafafafab, but the safafafafafabd within 2-3 minutes. On the same day, the deceased’s blood pressure measurement at the above hospital was sent back to the 11:50 Gecheon-do Medical Center. As a result of the deceased’s blood pressure measurement at the above hospital, the deceased was confirmed to be brain safafafafafafafa, and the deceased was transferred to the 13:10 A university hospital on the same day; the deceased was judged unable to perform an operation as a result of the examination; and the deceased was transferred to the Samsung 19:30 Seoul Hospital on the same day.

C. On July 10, 2013, the Plaintiff, the husband of the deceased, claimed that the deceased’s cerebrovascular and death was the disease and death caused by official duty, and claimed compensation for bereaved family members due to the payment of expenses incurred in relation to medical care due to the deceased’s hospitalization. However, on September 27, 2013, the Defendant: “In light of the medical characteristics of cerebrovascular, it is difficult to deem that the deceased’s disease was the result of performing his duties; it is difficult to deem that there was an excessive work beyond ordinary limits; and according to the health care care content of the deceased, it is difficult to deem that there was a proximate causal relation between the deceased’s urology, urology, and urology, which were caused by excessive stress or stress; rather, it is difficult to deem that there was a medical causal relation between the deceased’s disease and the deceased’s urine’s injury and the deceased’s injury caused the death by combined treatment.”

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-1, 2-2, Gap evidence 4-1, Gap evidence 6, 7, the purport of the whole pleadings

2. Whether each of the dispositions of this case is legitimate

A. The plaintiff's assertion

1) On March 2012, 2012, the Deceased was subject to lack of water surface due to the long-distance new walls and low-standing driving, ② joint cooking meal service management for three elementary schools, ③ additional tasks such as preparation and open classes by school year following the implementation of nutritional classes subject to the previous school year since 2013, ④ Overwork and stress due to the appointment of the vice president of the ○○ Meal Research Council from March 3, 2013.

2) As such, over-the-counter and stress in the above official duty aggravated high blood pressure, which is a wound of the deceased, at a natural progress, thereby causing cerebral blood and causing the death of the deceased. As such, cerebral blood and death of the deceased constitute a disease and death caused by official duty, each of the dispositions of this case is unlawful.

B. Relevant statutes

[Attachment] The entry is as follows.

C. Facts of recognition

1) Details and work environment of the Deceased

A) The △△ Elementary School prepared the food in the above schools as a joint cooking school and delivered them to other two schools (Seoul High School, Manil Elementary School, ▽△△ Elementary School). The total number of school meals in the above three schools is average of 833 persons a day, and the staff in exclusive charge of the meals in △△ Elementary School is composed of one nutrition teacher (the net), one driver (the driver in charge of the operation of the meal vehicle), one cook, and eight cooks, and the duties of the deceased are as follows.

Before the end of 07:0 to 08: 00 food materials for the deceased’s work in charge, and 07: 00 to 08: 00 to 12:00 to 11:10 of 00 to 12:10, food cooking to be sent to a non-school (the △△△△△△△△△△△△). School meals start to 11:20 to 12:0, food cooking to the cooking school (the △△△△△△△△△△△△△△△△ KRW 12: 12:0 to 14:0, nutrition guidance, 11:15, 12:0 to 100, 13: 3: 4: 1: 15, 12: 13: 40, 15, 12: 12: 40, 130, and 15: 15, and 14: 15: 1,20, and 15. 1.

B) The Deceased worked five days a week from the monthly day to the daily day. The Deceased’s work days are 15 days in February 2013, 20 days in March 2013, 22 days in April 2013, 23 days in May 2013, and 11 days in June 2013.

C) The distance from 1505, 1003, 1505, 1003, the deceased’s house (hereinafter omitted) to △△ Elementary School is about 40 km, and the deceased was driven by, and withdrawn from, the vehicle, and was required for more than one hour in the vicinity of the departure and retirement.

D) In 2013, the Deceased attended seven times (7 hours: April 3, 201; April 2, 4; April 24; 3 hours; May 3, 201; 5.29; 6.3 hours; and 6.12 hours, December 3, 201) at “the training of learning and practical community” conducted at △△△ Elementary School.

E) In 2013, the Deceased provided 13 hours’ nutrition classes to students of △△ Elementary School, and the details thereof are as follows.

The first 2nd 1-13th 15th 2nd 15th 15th 15th 2nd 1th 2nd 2nd 1th 2nd 3rd 2nd 2nd 2nd 3rd 2nd 3rd 2nd 2nd 3rd 2nd 3rd 3rd 2nd 3rd 3rd 4th 3-14th 2nd 2nd 4th 2nd 2nd 3th 3rd 2nd 3rd 2nd 3rd 2nd 3-24th 12th 2nd 3rd 2nd 3rd 2nd 3rd 2nd 4th 26th 26th 26th 3rd 5th 5th 5th 5th 26th 26th 25th 26th 3rd 25th 26th 4th 26th 3rd 25th 26th 4th 26th 3rd 25th 3rd 26.

F) On April 11, 2013, the Deceased provided parents’ open classes for the assessment of teachers’ ability development and on June 13, 2013, respectively.

G) The head of the office of education of the Gyeonggi-do Dongcheon District Office of Education to which the △△ Elementary School was affiliated, decided to operate the school meal service research council in which 44 elementary, middle, and high nutrition teachers were participating in 2013. The deceased was responsible for the vice-chairperson of the said research council in April 29, 2013. The said research council was planned to hold on April 29, 2013, May 21, 2013, June 18, 18, September 17, 19, November 19, and December 17.

H) On May 15, 2011 and December 27, 2011, the Deceased received an official commendation from the head of each Gyeonggi-do Education Support Office, and the head of the Gyeonggi-do Education Support Office on December 31, 2012.

2) The deceased’s health condition

A) The Deceased, in 2003, was a pregnant 5 months’ birth due to a pregnancy addiction certificate.

B) On January 20, 2009, the Deceased applied the distance to a forest by symptoms, and received the Vitreous morhage (the first 2th son), a high blood pressure net disease, and a urology.

C) In order to undergo an operation on February 15, 2009, the Deceased was hospitalized at the Seoul National University Hospital. At the time of hospitalization, the operation was postponed following the date of the entrance due to the blood pressure of 220mm Hg and ionoctic pressure of 120mm Hg, and the blood pressure was adjusted by drugs inside and outside of the above hospital. On February 20, 2009, the Deceased was discharged from the above hospital on February 21, 2009. On February 21, 2009, the Deceased was discharged from the hospital, and the name of discharge was provoluousia repuousophhhythy, vmphrehyphreh's self-urine, and he was discharged from the foregoing hospital.

D) The details of health insurance benefits for the Deceased are as follows:

Medical treatment in the table year included in the main sentence, 203, 2003, 3209, 1201, 300, 400, 400, 400, 40,000, 40,000, 40,000, 40,000, 40,000,00,000 40,000,000,000,000,000,000,0000,000,0000,000,000,000,000,000,000,000,000,000,000,000

E) The Deceased did not smoke, and drinking was almost little.

(iii) the relevant medical knowledge;

A) Curinary disease is a kind of external disease, such as insulin’s insulin’s influence or lack of normal function, and is characterized by high blood transfusions with a higher concentration of the sule insule’s blood, and discharges sulpha insule due to high blood transfusions, causing multiple symptoms and signs, and discharges sulpha insule’s disease. The chronic combination of urinary disease causes pansulosisic disease, sulpha, sulpha, sulpha, and psychotropic disease.

B) A person who is in danger of cerebrovascular (the outbreak rate of cerebrovascular is lower than the age of 45 and the trend of extreme increase after the age of 65), gender (the cerebrovascular shows a more frequent tendency to male), blood pressure (the cerebrs blood pressure is the major risk of cerebrscular), drinking, smoking, etc., consistently in most studies of the vehicles.

4) Medical opinions (the results of fact-finding with respect to the president of the Korean Medical Association)

○ cerebrovascular can be largely divided into cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebrala, which is known as one of the risk factors related to cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spacy. There is no direct evidence that a patient with a high blood pressure and stress environment increases cerebral cerebral ma

However, as long as working hours are long and physical labor strengths are exposed to high-level tasks, the risk of cardio-cerebral strokes increases. However, it cannot be ruled out completely the possibility that the working hours and strength related to over-ro or stress are indirectly associated with cerebral cerebral strokes.

[Ground of recognition] In the absence of dispute, Gap evidence 3-2, Gap evidence 5, Gap evidence 8-1, Gap evidence 9, Gap evidence 11-1, 2, Gap evidence 12, 14, and 16, Gap evidence 17-1 through 3, Eul evidence 2 through 5, and 9, each fact inquiry into the head of △△△ elementary school of this court, and the head of the Korean Medical Association, the purport of the whole pleadings, as a result of the fact inquiry,

D. Determination

1) The term "official disease" as stipulated in Article 61 of the Public Officials Pension Act refers to a disease caused by the official duty while performing the official duty, so there is a causal relationship between the official duty and the disease, and the causal relationship should be proved by the assertion of such causal relationship. The method and degree of proof must not necessarily be clearly proved by direct evidence, but must be proved by indirect facts such as the health condition at the time of employment, the existence of existing disease, the nature of the work and the working environment of the pertinent public official, and whether the disease occurred in the same workplace as that of other public officials working in the same workplace is proved to the extent that proximate causal relationship between the official duty and the disaster can be inferred (see Supreme Court Decision 2003Du2755 delivered on June 13, 2003).

In this case, even though a disease that has caused on official duty is not the main cause of death, it shall be deemed that there exists a causal relationship between official duty and death even in a case where a disease that has caused on official duty is caused by combined action with another disease that has no direct relation with official duty, or where an existing disease is rapidly aggravated above the natural transitional speed due to a disease that has caused on official duty and died (see Supreme Court Decision 2002Du12922, Apr. 11, 2003).

On the other hand, "overro" means continuing excessive work compared to ordinary work hours and duties of workers engaged in the same type of business (see Supreme Court Decision 2000Du9922, Apr. 13, 2001). The existence of proximate causal relation between work and accident should be determined on the basis of the health and physical conditions of the worker concerned, not by the average person (see Supreme Court Decision 2005Du8009, Nov. 10, 2005).

2) According to Article 35(1) of the Public Officials Pension Act, where a public official provides medical care due to a disease or injury incurred in the course of performing official duties, the expenses for the medical care of a public official shall be paid. According to Article 61(1) of the same Act, where a public official dies in the line of duty, or where he/she dies of a disease or injury incurred in the line of duty or dies of such disease or injury within three years after his/her retirement, his/her bereaved family shall be paid compensation for bereaved family members. Under Article 11(2) of the Enforcement Rule of the Public Officials Pension

The fact that there was a high blood pressure on the deceased due to a wound is no dispute between the parties, and according to the medical knowledge above, the high blood pressure is a major risk factor of cerebral blood.

Therefore, it is examined whether the over-road and stress caused by the deceased's official duty rapidly aggravated high blood pressure beyond the natural transitional speed and caused cerebral cerebral dyssis.

3) The following circumstances revealed by the facts as seen earlier, namely, ① the deceased’s work hours from 07:0 to 16:30 minutes. Of them, the actual working hours were nine hours if 30 minutes were excluded, ② the deceased’s joint cooking school was in charge of the provision of meals to three schools. In this case, the deceased’s cooking school was in charge of the provision of meals to the above 3-school (△△△ Elementary School). As such, 10 hours were long as 3 hours were long as 1 hours were spent for the deceased’s attendance and removal from 16:30 hours, ④ the deceased’s attendance and removal from 20 hours from 0 to 16:30 hours, and the deceased’s attendance and removal from 13:4 hours from 200 to 16:30 hours from 20, and the deceased’s attendance and removal from 13:5 hours from 200 to 13.6 hours from 2013.

Even if the deceased was suffering from a high blood pressure and urology due to an existing disease, and all of them were at risk of cerebrovascular, the existence of proximate causal link between official duties and disease or death should be determined on the basis of the health and physical conditions of the pertinent public official. Thus, it is reasonable to view that: (a) the deceased’s overwork and stress did not smoke as a risk of cerebrscular; (b) the deceased was at the age of 39 years old at the time of death; (c) the young age of 39 years old at the time of death; (d) the cerebrssis rate is lower than that of male; and (e) the deceased was a woman with a lower level of cerebrssis than a man; and (e) the deceased’s overwork and stress caused cerebrs while making a preparation for food in the △△ Elementary School Meal around 11:40 on June 18, 2013.

4) Therefore, cerebrovascular and death of the Deceased constitutes a disease or death caused by official duty, and the respective dispositions of this case are unlawful.

3. Conclusion

If so, the plaintiff's claim is justified, and all of them are accepted.

[Attachment] Relevant Statutes: omitted

Judges Lee Jae-soo (Presiding Judge)

Note 1) Diseases that are detected in urines, as well as the rise of blood pressure during pregnancy.

2) The blood transfusion is a primary (relic) blood that occurs inside the inner organ of the inner organ (relic) from the blood body of a shape or shape for various reasons.