2012Nu27505 Disposition of revocation of a disposition of rejection to pay bereaved family's compensation

A person shall be appointed.

Law Firm ○○, Counsel for the defendant-appellant

[Defendant-Appellant]

The Government Employees Pension Service

Representative ○○○○

Litigation performer ○○○

Attorney Lee Jae-soo, Counsel for the plaintiff-appellant

Seoul Administrative Court Decision 201Guhap3272 decided July 20, 2012

November 14, 2013

December 19, 2013

1. Revocation of a judgment of the first instance;

2. The Defendant’s disposition rejecting the payment of bereaved family’s compensation against the Plaintiff on May 31, 2010 is revoked.

3. All costs of the lawsuit shall be borne by the defendant.

The order is as set forth in the text.

1. Facts of recognition;

A. B (the death of B and the Defendant’s disposition 1) B (the birth of December 23, 1965, hereinafter “the Deceased”) served as the chief of the second investigation of the ○○ Regional Tax Office and the second investigation of the ○○ Regional Tax Office from October 27, 2008. On November 29, 2009: (a) around 32, 2009: (b) around 05: Around 32, 2009, ○○○○○○○ apartment apartment located in ○○○○○○ apartment and died after marbing with the news block.

2) On April 14, 2010, the Plaintiff, as the wife B, died after having been affected by depressions due to overwork and stress on official duties. The Plaintiff claimed compensation for bereaved family members under Article 61 of the Public Officials Pension Act by asserting that the deceased died. On May 31, 2010, the Defendant cannot be deemed to have died due to overwork and stress in the line of official duties, since the deceased voluntarily resolved suicide by his own person due to climatic scopic personality. The Plaintiff refused the payment of compensation for bereaved family members on the ground of the instant disposition (hereinafter referred to as “instant disposition”).

B. The Deceased’s career and family relation 1) graduated from ○○ University on February 1, 1986, and was appointed on September 1, 1986 as the tax office flag (Grade VIII) on March 1, 1986 (Grade VIII). The Deceased served at ○○ Regional Tax Office on August 16, 1991, and was promoted to ○○ Regional Tax Office (Grade VII) on April 1, 1995, and was promoted to ○○ Regional Tax Office (Grade VI) on October 21, 2002.

3) On October 208, where the Deceased worked in the ○○○○ Regional Tax Office, he recommended that he be engaged in an investigation by the second and third survey countries of the main office (Grade V) and a special promotion by an official in charge of tax administration (Grade V) in one year, who was issued to the head of the competent tax office. From October 27, 2008 to October 27, 2008, the Deceased worked in the ○○ Regional Tax Office as the 2nd survey countries and the 3rd survey subjects in the main office. At that time, the Deceased tried to provide C with a high school of 0○○○○○○○○○○○○○○ Tax Office’s investigation and the 1st threeths of survey countries of the main office and the 1sts of the threerd (tax officials) to be the special promotion officials at the time of his death, and the Deceased and the Deceased 1 and 2nds of 199 on the 19th anniversary of his death.

The Plaintiff, who was a tax official, retired after marriage. The Deceased’s mother was married to the her mother, and the Deceased was almost every day a day to the her mother.

C. From October 27, 2008, the deceased worked as the 2nd investigating station and as the 3rd investigating station, the main office of the ○○ Regional Tax Office (the director of the bureau as an individual tax investigation department) and as the 1st investigating station and the 3th investigating station, the deceased was in charge of the investigation into the 2nd investigating station and the 2nd investigating station (the 7th investigating station as an individual tax investigation department) and the 7th investigating agency, who is subordinate staff, and the 8th surveying agency, petroleum business operators, etc., and the 8th investigating agency on the materials related thereto (in order to reduce taxes, a person who issues a false tax invoice as if he supplied goods or services to a business operator who intends to unfet off the input tax amount from value-added tax or expenses from income tax).

B) The deceased’s normal working hours are from 09:0 to 18:00 a day, and the deceased worked from 07:30 to 20:0 a day and worked for more than 40% of the normal working hours.

C) On September 1, 2009, the ○○ regional tax office: (a) on September 1, 2009, the deceased was the head of the team and was the Plaintiff with a lot of work and force; (b) on the part of the Plaintiff; (c) on September 1, 2009, the deceased was the head of the team; and (d) on September 1, 2009, the ○○○ regional tax office: (c) on the part of the 1st Investigation Bureau (the Director of the Bureau, as a corporate tax investigation Bureau, was the head of the team); and (d) on the part of the 2nd Investigation Bureau, the 1st Investigation Bureau and the ○○, who is the 1st Investigation Bureau and the 1st Investigation Bureau and the 2nd Investigation Bureau, the 1st Investigation Bureau and the 1st Investigation Bureau, the 2nd Investigation Bureau and the 1st Investigation Bureau, the 1st Investigation Bureau affiliated with the 1st Investigation Bureau, the 3rd Investigation Bureau and the 3rd Investigation Bureau.

B) Accordingly, the Deceased worked in the office of the dedicated team for psychological analysis from September 1, 2009, and performed all the tasks as the chief of the 2nd investigation and as the chief of the 1st investigation and as the chief of the 1st investigation and the chief of the 1st investigation and as the chief of the 1st investigation. As to the former’s duties, the Deceased reported the former’s duties to the chief of the 1st investigation and the chief of the 1st investigation (200) as to the latter’s duties.

C) However, ○○○○○, Kim ○, and Park ○○, a member of the investigating station, did not perform the duties of the psychological analysis team on the ground that he/she should complete the tax investigation of the existing legal entity entity. The deceased conducted the entire duties of the psychological analysis team with the Gangwon○, Kim ○, and Song○, an employee of the two investigating stations, who is the first and third engaged in the investigation team. Although the deceased requested the recruitment of the staff of the psychological analysis team, the deceased did not recruit the staff until the time of his/her death. As such, the deceased did not perform the duties of the first and third investigating stations, as well as the first and third investigation teams, and the first and third executive officers of the team in charge of the psychological analysis, for more than 200 hours from September 1, 2009 to November 29, 2009, for more than 200 hours, for more than 3 hours, for more than 3 hours than 1/100 of the total number of 13 hours per 6 hours per three hours per day.

D. The Deceased’s physical and mental change 1) the end reduction of the Deceased’s physical and mental change 1) ended with usual club fee or his subordinate staff, and the Deceased did not talk with the Plaintiff on the chill or protrudings, etc. after October 2009, because the horse number was remarkably reduced, and did not know well. In addition, the Deceased’s physical and mental change 1) experienced the time when she first see, with the people and the sights.

B) The Deceased, on his own behalf, exchangeds the Plaintiff and their children. After October 2009, the horse number was remarkably reduced, so that the conversation was almost little.

2) The decline in food bath and the decrease in weight;

망인은 평소 통통한 편이었는데, 2009. 10. 경 이후로는 식사를 잘 하지 않고 살이 많이 빠져 34인치였던 허리가 31인치로 줄었고 얼굴은 핼쑥해졌다 . 3 ) 의욕 상실가 ) 망인은 평소 업무를 꼼꼼하고 깔끔하게 하였는데, 2009. 10. 경 이후에는 다른 내용의 서류를 1개의 파일에 같이 편철하고 책상도 정리하지 않는 등 업무처리에 있어 정돈되지 않은 모습을 보였다 .

B) The Deceased was a flatly healthy letter, and after around October 2009, there were many cases where he/she was seated or watered like those in his/her house, and he/she did not go to the bath while going to the bath together with his/her children, so he/she did not have any force. There are many cases where he/she said that he/she would go to the bath.

4) The deceased, even though it is difficult to see the deceased, was characterized by the fact that he was not well expressed to the people. However, after October 209, the death of the deceased ○○, who was his subordinate employee, was extremely difficult to kill the staff. It is the highest suffering that he was unable to sleep. The words "" was frequently, and the words "" were frequently, and the death was the most difficult.

10. Around October 2009, the deceased, while having a telephone conversation with C, has so many stressed. However, the deceased did not recruit the staff because he had been twice a day since around October 2009. I want to resign. I want. I want to die. 5 the horses. 5) From October 2009, the non-faced deceased used the water-related guidance system by giving an unexplosed fescence from around October 2009, and the knife knife had a knife knife with blood.

E. On November 5, 2009, the Deceased was excluded from a person eligible for special promotion. The first-class investigation and first-class special promotion were conducted by officials in charge of the tax affairs (Grade V), and the Gangwon ○○, a subordinate employee, specially promoted the Plaintiff as a tax assistant (Grade VI). In relation to those excluded from a person eligible for special promotion, the Deceased was off and canal. The Deceased was excluded from a special promotion person because he did not receive good points in the evaluation. (b) The employees of the ○○ High School and the ○○○○○○○○○ University, which was located within the country to be excluded from the person eligible for special promotion, were excluded from the person eligible for special promotion. (b) On November 14, 2009, the Deceased continued to be unable to conduct the evaluation if he had a lot of stressed to work at the ○○○ High School and the ○○○ University. (2) The Deceased did not seem to have difficulty in working at the ○○○○ Tax Office.

3) The Deceased showed that he was influoric acid, satisfaction, axis, etc. at the time of the foregoing mountain, and he was influoricial condition even after he was influoricial condition at the time of the foregoing mountain, and that he was influorial condition, such as he was influorial condition while he was influoricial condition, and he was influorial condition, and he was influorial condition, unlike usuals. (4) The Deceased was influorial condition that he was influorial condition, and was influorial condition that he was influorial condition that he would have been influorial condition. (2) The Deceased was influorial condition that he would have been influorial condition that he would have been influorial condition. (5) The Deceased was influorial condition that he would not have been influorial condition at the local tax office on February 2010.)

7) On November 25, 2009, the Plaintiff made a strong request to the Deceased, with the Deceased, went to the ○○○○○○○○○○○○○○○○○○○○○○○○○. From October 2009, the Deceased’s oriental medical doctor in charge caused an influence from the point of view and stress as a tax official. In 2 or 3 instances of a new wall, he was unable to sleep. From November 2009, he was unable to sleep. From the middle of 2 or 3 occasions, he was locked. He was fluencing a water surface. He is coming to an influence and depression. The chest was based on which her chest was born. The oriental medical doctor in charge of the operation of the operation of the operation of the operation of the herb drugs, giving diagnosis that he suffers from suffering from an uneasy and uneasible state due to an influence.

8) On November 26, 2009 and November 27, 11, 200, the Plaintiff, at around 6: (a) the new wall, which was before the Plaintiff’s work, was placed in the hospital located in the ○○○○-gu, so that the Plaintiff was provided with medical treatment that is helpful for the resolution of stress by finding the deceased and finding him/her in the hospital located in the ○○○○-dong.

9) On November 27, 2009, the Plaintiff requested the Deceased to be hospitalized at the hospital for up to 2,3 days from November 30, 11 to November 30, 2009, and the Deceased stated that, around 21:0, at around 27, 2009, 21: (i) the head of the 2nd investigation division of the 2nd investigation division of the 2nd investigation division of the 1st investigation division of the 2nd investigation division of the 2nd investigation division of the 2nd investigation division of the 2nd investigation division of the 2nd investigation division of the 2nd investigation division of the 2nd investigation division of the 2nd and the body is difficult, and (ii) the deceased should be hospitalized at the hospital for up to 2 and 3th of the 2nd investigation. The deceased stated that the Plaintiff should not work again after the phone was cut. The same is the same.

(f) Status at the time of death;

1) From November 28, 2009 to November 29, 11, 2009, the Plaintiff was in Seoul to go to a university entrance examination site, and the Deceased was in ○○, along with his father. 2) On November 28, 2009, the Deceased did not work differently from the plan of the Republic of Korea on November 28, 2009 ( Saturdays). On the other hand, the Deceased did not work together with his mother, and her mother did not work together with her mother, and her mother and son, and her mother and son were laid down in the mouth.

3) On November 28, 2009, the Deceased sent a text message to Kang○, a subordinate employee, to thoroughly manage the progress of the daily investigation at around 30,000.

4) On November 28, 2009, 23: around 30, 209, the Deceased got unclaimed in the room of his wife, and around November 29, 2009 ( Sundays) on November 29, 2009: around 32: Around 32, the Deceased died due to diversity in head, body, body, arms, legs, legs, etc. of ○○○○ apartment, ○○○○ apartment, which is located in his residence.

5) At the time of death, the following material records were discovered in the Mesians in which the Deceased was suffering.

The reason why 00 p.m. 00 p.m. and 00 p.m. are due to stress arising from excessive work of the office. The reason why the employee died is due to the reorganization of the office. The head of the team shall not send the employee to the office, taking into account the date of issuance, and the date of issuance, and the head of the team shall not send the employee. The head of the team shall take the bath at the main office, and the head of the team shall not take theme, and the f.m. shall f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. . . f. .

G. Other circumstances 1) The Deceased did not smoke, and drinking was almost not possible. 2) Circumstances in which the Deceased suffered difficulties due to the health, family relations, debt relations, female relations, etc. before her birth do not peep.

3) On November 25, 2009, the Deceased did not use legal leave in 2009, except for those going out by two hours in order to put up on ○○ ○○ Won.

H. The Head of ○○○ Regional Tax Office Survey Division 1 Director and the Head of 1st Investigation Division, who was a superior to the Deceased, was in a position of the Deceased, was in a sincere and comparably completed his duties without being transferred to another person due to the strong sense of responsibility. The Deceased was in a position to perform his duties in good faith and decent manner.

2) As the motive of the Deceased’s ○○ University, ○○○○○○, etc., which was jointly engaged in a regional tax office, etc., and one year after the Deceased’s high school, ○○○○, etc., serving together in the ○○ Regional Tax Office, etc., as the motive of the Deceased’s high school, etc., the Deceased was somewhat resistant, and the Deceased did not express well in an difficult way due to the increase of consideration for other persons due to the nature of the deceased. The Deceased’s refusal to hear was neither a sound nor a harm, nor a person was responsible for his/her duties due to his/her strong sense of responsibility and desire to take a part in his/her duties.

3) The Kang○○, who was an employee of the deceased’s father, had a strong sense of responsibility and a sense of duty to the deceased, performed the work thoroughly.

(i) Expert opinion 1) Mental medical specialist ○○○ (the result of commission of appraisal to ○○ Hospital at the court of the first instance, and the result of fact-finding)

In a case where more than five of the nine of the nine of the nine categories following the deceased continue to exist, a psychiatrist’s oriental medical specialist can be deemed to fall under the Major Maul Disability Act. It can be presumed that the deceased fell under (2), (3), (4), (6), and (3) and falls under (2), (3), (2), (4), (3) and (4) and thus, the deceased’s suicide or major Maulopic disorder.

(1) Powdered portion per day;

(2) Defluence or displeasure in almost every activity.

(3) A remarkable decrease in the weight or in drinking.

(4) Fluoron.

(5) Mental retardation or delay;

(6) Loss of skin or energy.

(7) The reduction of value, or the reduction of excessive or inappropriate charges.

(8) Concentration of accident ability, degradation of accident ability, or depression.

(9) Generally, the concept of repetitive death, the degree of suicide, or the degree of suicide (a specific plan or plan for the degree of suicide) can be said to be an opportunity for the occurrence of fundamental stress, etc. caused by depression and excessive work. Whether or not the deceased has a physical vulnerability or not can not be confirmed due to lack of materials, and the amount of work of the deceased is presumed to have been borne by the deceased.

C) Even if the reason for suicide is indicated, it cannot be readily determined as the cause of suicide, but as a matter of course, it should not be overlooked. In the case of the Deceased, suicide occurred, it can be deemed that the suicide overlap with marological marological marological marological marological marological marological marological marological marological marological marological martic martic martic martic martic martic martic martic martic martic martic martic martic martic martic martic martic martic martic martic martic martic martic martic martic martic martic martic martic martic marological martic martic martics.

B) The causes of suicide may be classified into genetic, biological, psychological, and social factors. The genetic and biological factors are similar to those of the foregoing A. In the case of the Deceased, the genetic and biological factors were not found, and the existence of genetic and biological factors could not be confirmed. The Deceased may be deemed to have committed suicide by psychological factors. In other words, the Deceased may be deemed to have selected suicide due to the decline in his wife’s ability to solve the problems caused by the decline in the ability to solve the problems. In addition, the Deceased may be deemed to have committed suicide by social factors. In short, the Deceased may be deemed to have invested a considerable part of his own life for the purpose of promotion of his work regardless of excessive work volume. In other words, the Deceased’s loss of his life due to promotion of his work, unreasonable reorganization, promotion of his organization and work, and the occurrence of an attack on the Deceased’s ability to raise his or her ability to commit suicide through the adjustment of his or her ability to present his or her life through the adjustment of his or her structure.

C) As a factor to increase the risk of suicide, there are male, divorced, depression disorder, alcohol addiction, and recent external wounds. In the case of the deceased, the deceased was a male and a friendly disorder, which led to an increase in the risk of suicide. The depression disorder was the one of the main causes of suicide, and the 50.9% of the suicide patients in the Republic of Korea was diagnosed with a friendly disorder, and the probability of suicide is higher than that of those who did not do so.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 through 11 (including branch numbers), Eul evidence Nos. 1 through 15, and 18 (including branch numbers), Eul's testimony and video of a witness of a party, testimony of a witness of a party to the first instance trial, testimony of a witness of the first instance court ○○○ and Kang○○○, the result of the appraisal entrustment to the OOO hospital of the court of the first instance, the result of the appraisal entrustment to the OOO hospital of the court of the first instance, the result of the fact inquiry to the head of ○○○○○ hospital of the court of the first instance, and the head of the local tax office of the local tax service of the ○○○○○○○○○

2. Determination:

A. Article 61(1) of the former Public Officials Pension Act (amended by Act No. 10894, Aug. 4, 2011; hereinafter the same shall apply) provides for “where a public official dies while on duty or dies of the relevant disease or injury within three years after his/her retirement, his/her bereaved family shall be paid compensation for bereaved family members.”

Article 61(1) of the former Public Officials Pension Act provides that a causal relationship between a public official’s disease and death should be established in order to constitute a case where a public official dies of a disease due to official duty, and the causal relationship should be proved by direct evidence. The existence of such causal relationship does not necessarily necessarily require a clear medical or natural evidence. It is sufficient if it is proved to the extent that there is a proximate causal relationship between a public official’s official duty and a disease and a death due to indirect facts, such as the content and nature of the public official’s work, work environment, health condition of the public official, existence of an existing disease, etc., on the basis of the public official’s health and physical condition, and there is sufficient causal relationship between the public official’s official duty and the disease and the death (see, e.g., Supreme Court Decisions 2011Du22518, Jul. 12, 2012; 2012Du2580, Apr. 11, 2013).

9. Supreme Court Decision 2011Du3944 Decided January 2, 201

B. From October 27, 2008, the deceased, with strong sense of responsibility, worked for 40% higher than normal working hours at the main office of the ○○ Regional Tax Office as the 2nd investigation 1st and the 3nd investigation. From September 1, 2009, 1st investigation and the 2nd psychological analysis team concurrently conducted more work hours, 3 employees of the 1st investigation and the 2nd investigation who are in exclusive charge of the 1st investigation and the 3th investigation analysis team are not recruited. As such, when the 2nd investigation and the 2nd investigation were unable to perform suicide except for stress on official duties, the 2nd investigation and the 3nd investigation staff of the 2nd investigation were under severe stress while performing their duties, and the 2nd investigation and analysis were not conducted in order to exclude himself from the special promotion of the deceased, and the 2nd investigation and analysis method of the 2nd of the 2nd investigation without any stress in the 2nd investigation and treatment of the deceased.

11. (Manman) It can be inferred that the extreme choice of suicide was caused on 29. (Manman) Therefore, there is a causal relationship between official duties and the deceased’s occurrence and death.

Therefore, the deceased’s death constitutes “where a public official dies of a disease caused by official duties” under Article 61(1) of the former Public Officials Pension Act, and the Defendant shall pay the deceased’s bereaved family to the Plaintiff who is the bereaved family, and the instant disposition rejecting the payment of bereaved family’s compensation on the ground that the deceased’s death does not constitute the above case

3. Conclusion

Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance is unfair with different conclusions, so it is revoked and the defendant's disposition of this case is revoked and it is so decided as per Disposition.

Judges Park Jong-nam

Judges Hatho

Judges Kim Gin-han