2012Guhap43321 The revocation of revocation of the decision to pay bereaved family's compensation.

○○ (560624 - -)

Seoul Mapo-gu

Attorney Cho Jong-soo, Counsel for the defendant-appellant

The Government Employees Pension Service

Seoul Gangnam-ro 508

Head of the Council of the Representatives

A litigation performer who is the highest minister of the litigation performer;

April 24, 2014

May 22, 2014

1. The Defendant’s disposition of compensation for survivors’ compensation against the Plaintiff on September 28, 2012 is revoked.

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

The order is as set forth in the text.

1. Details of the disposition;

A. On September 1, 2011, when working in the Daegu Metropolitan City Health and Welfare Bureau since the Plaintiff’s husband started working as a public official of the Daegu Metropolitan City from April 13, 1957 (hereinafter “the Deceased”), the deceased’s husband was killed (hereinafter “the instant accident”) and the deceased’s private person was determined as a crash by suicide, and the deceased’s private person was determined as a crash by suicide.

B. The Plaintiff claimed the Defendant to pay the bereaved family’s compensation due to the death of the deceased, but the Defendant refused the payment on September 28, 2012 on the ground that “the death of the deceased was a result of a private act unrelated to his intentional act or official duty, and it cannot be deemed that there was a considerable causal relationship with stress on official duty.”

【Uncontentious facts, Gap 1 through 3 evidence, Eul 1 evidence (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

From January 1, 2009, the Deceased was hospitalized upon the diagnosis of major depression disorders on February 14, 201 due to stress arising from the excessive work performed at the policy planning office of Daegu Metropolitan City, and due to unfair work evaluation. On July 4, 2011, the deceased transferred to the Health and Welfare Bureau of Women, Low Birth Rate, an aging society, and due to depression in the process of adaptation to new business, the deceased’s voluntary retirement had been considered but continued to work as a kind of workplace, while the deceased was on duty, the deceased’s exercise of guidance on the stadium and other work at the time from August 27, 201 to September 4, 201, and thus, the deceased’s normal mental stress or other work at the time of the deceased’s death was seriously deteriorated due to his mental stress or other work performed at the time of the deceased’s rapid decline. Accordingly, the deceased’s action at the time of the deceased’s normal mental stress or other work performed at the time of his death.

(b) Relevant statutes;

The provisions of the attached Table shall be as specified in the statutes.

(c) Facts of recognition;

(1) On October 27, 1980, the Deceased started working as a local administrative secretary at Daegu Metropolitan City on September 1, 1982, the local administrative secretary on December 31, 1984, the local administrative assistant on July 22, 1995, the planning and management officer in charge of planning and management, the innovative decentralization officer, the corporate support organization support team, the science and industry division of new technology and industry, etc. after being promoted to the officer on September 16, 2005, and served as the planning and management officer, the organization planning officer in charge of the planning and management office from January 23, 2009 to July 3, 201, and the organization planning officer in charge of the organization management of the childcare center from July 1, 201 to 19, respectively.

(2) From January 23, 2009, the Deceased was in charge of planning, policy cooperation, parliamentary power, organizational management, statistics, etc., at the time of working in the policy planning room. In the course of preparing data for the agenda items related to the policies of the Daegu City, which is presented to the Daegu City Council, there were frequent work at night, weekends, business trips, etc., and the volume of the Deceased’s work increased from November 201 to December 12, 2010 due to the organizational reorganization that occurred after the new term of office in the Daegu City market.

(3) The deceased was aimed at retired from office after being promoted as a public official of grade IV. In the evaluation of his duties on December 2, 2010, the deceased was subject to serious stress after being exposed to the lower level of duties compared to those of other class IV promotions.

(4) The Deceased was diagnosed as a acute stress disorder and a major depression disorder on February 14, 201, and was hospitalized in the Seogu Daegu-dong Hospital on February 14, 2011, from the beginning of January 201, due to such occupational surgery and stress. The Deceased was hospitalized on March 30, 201.

(5) Contents of each psychological evaluation report on the Deceased are as follows.

(A) A report on the psychological evaluation at a mental and mental hospital on February 14, 2011; and

A person shall be appointed.

(B) A review evaluation report on February 17, 201 at the Seogu Daegu Hospital;

A person shall be appointed.

C. The deceased was aware of suicide when the psychological evaluation and inspection of the Seogu Daegu East Hospital was conducted, and the deceased responded to the fact that the Nexxa had attempted suicide in terms of Nexxa and knife.

(6) After that, at the request of the deceased, the deceased was transferred on July 4, 201 to the Health and Welfare Bureau of Women, the aging society, and a child in charge of child care. The child in charge of child care was a new work for the deceased, and there was an increase in the civil petition related to child care at the time. The deceased was under stress due to a large amount of towing-related work, and the deceased appeared to have been under stress, and the deceased expressed his intention of voluntary retirement to the head of Kim Mank, who is a workplace company, even though he was aware of his intention of voluntary retirement, knife Kim Man et al.

(7) On August 27, 2011, 201, Daegu Metropolitan City held an international competition, an international competition, from August 27, 2011 to September 4, 2011. At the time, public officials, including the Deceased, worked at the end of the week during the competition and performed duties such as giving guidance to the public order in the stadium. At the time, the deceased’s family members were present at the stadium, but they did not appear at the stadium, but they cannot be called “the large event hosted in Daegu City, and are difficult,” and all public officials are ordered to make a different order. Furthermore, whether they worked at the workplace or work on the entry card.

(8) In addition, the Deceased appears to have received a stress on September 201, 201 following the completion of the above land racing, while concurrently carrying out the duties of securing the budget bill for a child in the field of child care at the first Daegu City Council, as well as securing the budget bill. On August 31, 2011, the Deceased appeared to work beyond that of carrying out the duties related to the formulation of the budget bill for the background. The Deceased confirmed the condition of the deceased by telephone, and the Deceased “I will not be able to solve this problem,” and the Deceased repeated talked with the same as “I will have to talk.”

(9) As of September 1, 201, the Plaintiff died on September 1, 201: 01:30, while the body of the deceased was bucks with blood, and the deceased was bucks with blood, and the deceased died on the 11st floor apartment.

(10) On February 14, 201, the Deceased did not receive treatment due to depression, etc. before the Deceased was diagnosed as a depression, and there was no other health problem. In addition to excessive work and stress, there was no money problem, sexual problem, etc. that may cause psychological burden on the Deceased.

(11) The appraisal of this court (referred to as the class △△△△△△△△△△△△ Hospital) made a significant contribution to the occurrence of depression by the deceased, the deceased’s occupational stress was vulnerable to stress in the workplace, and the deceased’s depression was deemed worse due to changes in work and division, and the deceased’s suicide appears to have been conducted in a state where normal perception was considerably lowered.

[Ground of recognition] In the absence of dispute, Gap 5 to 16 evidence, Gap 18 evidence, Eul 19 evidence, Eul 5 evidence, Eul 7 evidence (including each number), the result of this court's examination of the medical records for the chief of the Gangwon-dong Hospital, the result of the inquiry of the fact to the Daegu Metropolitan City Mayor of this court, the purport of the whole pleadings.

D. Determination.

(1) In order for a public official to receive bereaved family benefits as prescribed in the Public Officials Pension Act, there should be a causal relationship between the public official and the death in the line of duty, and such causal relationship should be determined not by the medical and natural scientific verification, but by the existence of proximate causal relationship from a normative point of view. Therefore, in a case where a public official dies as a suicide, the disease in the line of duty is caused or aggravated because the disease overlaps with the main cause of the disease in the line of duty, and such disease may be presumed to have been caused by the suicide, such as the mental or mental distress, or the normal perception or behavior ability, or the mental suppression capacity of the public official, and it should be determined that there is a proximate causal relationship between the public official’s health and death in the line of duty and the public official’s death (see, e.g., the degree of proximate causal relationship between the disease and the public official’s death in the line of duty, the general period of medical care, the possibility of recovery from the disease, and the average physical and mental situation of the public official.

(2) In full view of all the following circumstances as to the instant case in light of the aforementioned legal principles, it is reasonable to view that a proximate causal relationship exists between official duties and the deceased’s death, on the grounds that the deceased’s depression was caused or aggravated due to extreme stress on official duties. Accordingly, it can be inferred that the deceased’s emotional perception ability, ability to choose action, and mental suppression capacity has been significantly deteriorated.

(A) Since the Deceased commenced as a public official of the Daegu Viewing Service on October 27, 1980, he was living without any problem for 30 years, and on January 23, 2009, even though his duty burden was increased at the time of working in the Gan Policy Planning Office, he was under serious stress after being subject to the evaluation of lower rights in the work evaluation, and accordingly, he seems to have caused depression.

B) After that, even though the above depression was improved, it seems that the deceased was transferred to the low birth rate society of women in health and welfare and the child in charge of child care, and the deceased was under considerable occupational stress due to the adaptation to new duties, increase of complaints related to infant care, and large budget-related work.

(C) In light of the deceased’s nature and the tendency of the deceased, who had been trying to faithfully and fully perform his duties in the field of the Daegu Haak Zone and the maintenance of order in the field of child care and the compilation of budget, the deceased seems to have been under severe stress in the course of performing his duties, and thereby, his depression aggravated.

D) The deceased appears to have considered the voluntary retirement, etc. in the above circumstances, but committed suicide without overcoming the depression while continuing to serve in the middle of his workplace, and the deceased was frighted to go beyond the self-determination before the death. In light of the circumstances surrounding the death of the deceased, etc., the deceased seems to have been in a situation where his normal perception, ability to choose an action, or mental suppression was significantly deteriorated due to the aggravation of the above depression, etc.

E) In light of the fact that the deceased had two children and had two children, there was no other economic problem, and there was no eternity, etc., there is no other cause for the deceased to commit suicide in addition to the friendly symptoms caused by occupational disorder and stress.

(3) Therefore, the deceased’s death constitutes an occupational accident, and the Defendant’s disposition of this case on a different premise should be revoked as it is unlawful.

3. Conclusion

Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition.

Judges in fixed form of judge

Judges Suspension of Service

Judges Yoon Jin-jin

Related Acts and subordinate statutes

/ The Public Officials Pension Act

Article 61 (Survivor's Compensation for Public Officials who Died on Duty and Survivors' Compensation)

(1) Where a public official dies on official duty or dies of a disease or wound while on duty while in office, and dies of such disease or wound within three years after his/her retirement, bereaved family members shall be paid compensation for bereaved family members.

【Enforcement Rule of the Public Officials Pension Act

Article 12 (Death or Death Caused by Accidents in Performing Public Duties)

Where a public official is injured or killed due to an accident falling under any of the following subparagraphs during the performance of official duties, it shall not be deemed as an injury or death for official duties:

1. An accident that occurred without any substantial causal relationship with the performance of official duties;

2. An accident caused intentionally by a public official;

3.An accident, end, or accident caused by a private act of a public official.