204Nu116 Revocation of Disposition of Refusal of Persons of Distinguished Service to State

A

The head of Gwangju Regional Veterans Administration

Gwangju District Court Decision 2004Guhap626 Delivered on August 19, 2004

may 4, 2005

June 16, 2005

1. The defendant's appeal is dismissed.

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

1. Purport of claim

The decision that the defendant rendered to the plaintiff on September 19, 2003 on the eligibility of bereaved family members shall be revoked.

2. Purport of appeal

The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

1. Details of the disposition;

A. The non-party B (hereinafter referred to as "the deceased"), who is the husband of the Plaintiff, was employed as a Cmiddle School teacher under the Jeju-do Office of Education, Jeonnam-do. On July 18, 2001, he was diagnosed as a "major depression disorder at D Mental Hospital" and was treated as a psychiatrist. On September 24, 2001, he committed suicide on the ground from the Nam-gu E apartment F, Nam-gu, Seoul, Seoul, a house of the deceased.

B. On July 15, 2003, the plaintiff filed an application for registration of bereaved family members of a person of distinguished service to the State on the ground that the deceased constitutes a public official who died on duty in accordance with Article 4 (1) 11 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State (hereinafter referred to as the "Act"), but on September 19, 2003, the defendant made a decision on the eligibility of bereaved family members of a person of distinguished service to the State (hereinafter referred to as the "disposition of this case"), subject to deliberation and resolution by the Board of Patriots and Veterans Affairs, on the ground that the deceased's death was a person's death by self-harm under Article 4 (5) 4 of the Act

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Eul evidence 1-1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The plaintiff is the cause of the claim in this case, which resulted in suicide as a result of the outbreak, aggravation, and aggravation of depression caused by mental stress that was caused in the course of performing official duties as a teacher. The deceased's suicide was caused by the occurrence of mental symptoms that led to a significant decline in normal perception, ability to choose an act, or ability to suppress mentally and mentally. Thus, the deceased's suicide not only constitutes death in the line of duty but also constitutes "self-injury by self-injury" as prescribed by the law, because he did not self-injury based on the normal and free will of the deceased, and thus, the disposition in this case is unlawful.

(b) Related statutes;

It is as shown in the attached Form.

C. Facts of recognition

(1) On September 1, 1974, the Deceased, as a student, has been appointed as a teacher of H School on September 1, 1974 and served as Cmiddle School morality and teacher from March 1, 200.

(2) A middle school is composed of three classes for each school year, and 90 teachers and staff members, such as one principal and 9 teachers, etc. The deceased, from March 2001, performed duties as an assistant principal of the above middle school as well as duties as an assistant principal in the field of morality, who takes charge of duties, such as safety education, character education, education, unification education, education, education on the part of students, and management of school steering committee.

(3) On March 1, 2001, I, who was appointed as the principal of Cmiddle School, changed from the previous school to Na, ordered the abolition of the school site and the school correspondence, and demanded the exercise of a task pool called 'I' regardless of the opposition of teachers, the task pool called 'I' to 'I' to 'I' to 'I' to 'I' to 'I' to 'I' to 'I' to 'I' to 'I' to 'I' to 'I' to 'I' to 'I' to 'I' to 'I' to 'I' to 'I' to 'I' to 'I' to 'I' to 'I' to 'I' to 'I' to 'I' to 'I' to 'I' to 'I' to 'I' to 'I'.

(4) In addition, the above I urged the deceased to prepare for school events, such as a meal event, sports event, etc., and told the deceased to the effect that the deceased cannot work properly at any time when the work of the deceased falls short of his expectation. On April 2001, the above I instructed the deceased to remove all the liquid persons posted at the school on the ground that school is not in the mind of the school adjustment. It does not give the work evaluation well because the principal is the principal in advance of promotion and is the principal of the school, and it does not give the deceased who was sensitive to the work evaluation. On the other hand, it is difficult for other teachers and staff to put in mind with points as the principal has become aware of points from time to time, and any person who is not the chief of the school, regardless of the head of the school, has made a statement that he will give points to a person who is preparing for the preparation, and has no experience in the work evaluation. It is not a man or a person who has no experience in the public.

(5) Meanwhile, on the ground that the above I manages after-school schools and guide students after the summering hours, he instructed the deceased to board and lodge with his school principal's official residence. The deceased, from April 2001, was living in the school principal's official residence as above, and was not able to have mental stress due to the failure to guarantee privacy and the continuation of the inconvenience relationship with the above I, and became the above official residence around the end of June of the same year.

(6) As seen above, the Deceased continued to undergo a diagnosis from the above I on July 18 of the same year after receiving an excessive demand for work, excessive responsibility conjection, and quality, and when he lives together in the school physician's office with the above I's instructions, the Deceased appears to gradually reduce the number of horses and uneasiness. On June 4, 2001, the Deceased complained of symptoms, such as influence, rasium, paralysis, paralysis, paralysis, early and February 2, 2001. The Deceased was diagnosed as a result of the diagnosis conducted by the Jnethic Health Center, and continued to receive a depression treatment from the time of death. In the above treatment process, it seems that the doctor in charge was not in a relationship with the principal of the school, and it seems difficult for him to find it difficult for him to be infeasible and uneasible.

(7) On September 22, 2001, before the Deceased’s death, at the above middle school, there was a sports competition at the above middle school. The Deceased received a large number of stress from the principal’s duty instruction during the preparation process of the above event, and on the day of the event, the Deceased carried out the school guard and cleaning work at the school at the latest. After that, the Deceased returned home, and committed suicide as above, on September 24, 2001, the Deceased did not keep away.

(8) The cause of the outbreak of depression can be largely divided into biological factors such as abnormal cerebral hemmon, genetic factors such as family history, external stress, and psychological and social factors such as psychological and social factors. The general symptoms of opulin in medical science include the occurrence of suicide accidents other than humping, self-esteem, saliva, saliva, saliva, saliva, saliva, saliva, saliva, uneas, and salva, but it is known that the rate of risk of suicide at the early stage of opulin.

(9) In addition, depression also shows emotionally and open symptoms without any desire for one’s own sense and life. However, seriously, it is recognized in medical science that: (a) sexual impossibility or water surface disorder is accompanied by fear, fear, salvance, tension, and salvance about future hazards; and (b) suicide is attempted or self-harm is committed on the grounds of influence, isolation, decentralization, assessment of labor and attack, punishment, desire for disciplinary action, or network, etc. In particular, suicide is within three months after the first diagnosis of depression or most frequent when recovered from severe depression.

(10) The Deceased has believed that he was a prudent, who was diagnosed as a prudent, who was diagnosed as a prudent, and was diagnosed as a prudent on July 18, 2001, and was treated as a prudent and mental treatment for a period of two months. During the above period, the deceased’s prudent was deemed to be due to stress suffered in the course of his work, in view of the fact that there was no mental disorder on the deceased, and that at the time of the death, the state of the deceased’s mental health was due to stress suffered in the course of his work, and that at the time of the death, the deceased was in a state of severe depression with lack of reasonable judgment.

[Reasons for Recognition] A without dispute, Gap's 3 through 15, Gap's 17 through 20, 24, 27, 28, 29, 31, 32, Gap's 16-1, 23-7, Gap's 30-1, 23-2, Gap's 30-1, 2, 30-3, and 30-1, 2, and 30, party members' 30-1, 2, and 3, the results of each fact-finding, and the purport of the whole pleadings.

D. Determination

(1) The purport of Article 4(5)4 of the Act excluded the scope of "self-injury" from the scope of a public official who died on duty, is that the result of self-injury that a person who committed suicide recognizes the meaning and result of his/her normal will and free will is not directly connected to his/her duty, and that the Act is contrary to the purport of recognizing and compensating for persons of distinguished service to the State, as it was conducted under the awareness that he/she would avoid performing his/her duty in an extreme manner, such as suicide. Therefore, in cases where a person who committed suicide lacks normal will or free will at the time of self-injury, it shall not be deemed that such self-injury constitutes "self-injury" under Article 4(5)4 of the Act.

(2) However, as to the instant case, there was no mental disorder, such as depression, for the deceased and the deceased’s family members, and there was no evidence to acknowledge that there was any other cause likely to cause depression or suicide for the deceased, except for the occupational stress recognized earlier, the deceased’s normal school life for about 27 years until the time of the death. Since he was appointed as the principal of the school on March 1, 201, frequent changes in the academic schedule of school, the frequent changes in the work schedule, the work process related thereto, quality, apprehensions about the performance rating, and frequent insulting remarks, etc., resulting in severe mental stress caused to the deceased’s suicide. In addition, it is reasonable to conclude that the deceased’s suicide led to the occurrence of depression caused by the symptoms of mental disorder in the state of severe depression, and thus, the deceased’s suicide without any suicide.

(3) Therefore, the deceased's death is based on the actual occurrence of a disease caused by official duties and there is a proximate causal relation between his official duties. The deceased's suicide goes beyond the normal and free will of the deceased and does not constitute "the death caused by self-injury" under Article 4 (5) 4 of the Act, and eventually, the deceased is deemed as a public official who died on duty under Article 4 (1) 11 of the Act. Thus, the defendant's disposition of this case which the plaintiff decided that the deceased's death constitutes "self-injury" and thus, is unlawful.

3. Conclusion

Therefore, the plaintiff's claim of this case shall be accepted as it is reasonable, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed and it is so decided as per Disposition.

The presiding judge, the senior judge

Judge Song-hee

Judgment of the Supreme Court

A person shall be appointed.