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(영문) 서울고등법원 2016.04.06 2016누34617
유족보상금부지급결정처분취소
Text

1. Revocation of a judgment of the first instance;

2. On January 21, 2013, the Defendant rendered a disposition to determine the amount of compensation for survivors’ compensation to the Plaintiff.

Reasons

The reasoning of the judgment of the court of first instance is as follows: (a) the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for changing not more than 3 pages 4 of the judgment of the court of first instance as the following: (b) Article 8(2) of the Administrative Litigation Act; and

The “public disease” which is a requirement for the payment of bereaved family’s compensation under Article 61(1) of the Public Officials Pension Act refers to a disease caused by official duties during the performance of official duties. As such, there should be causation between the occurrence of public duty and the disease, and such causation must be attested by the party asserting it.

However, the causal relationship is not necessarily required to be proved clearly in medical or natural science, and if there is a proximate causal relationship from the normative point of view, there is a proof.

In a case where a public official dies due to a suicide, when a disease occurs in the line of duty, or an excessive stress in the line of duty overlaps with the main cause of the disease, resulting in the outbreak or aggravation of the disease, and when it can be inferred that such disease has resulted in suicide in a situation where a reasonable judgment cannot be expected due to lack of normal perception, choice ability, mental suppression, or considerable decrease in the ability to restrain the disease, there is a proximate causal relationship between the public official and the death.

In addition, in order to recognize such proximate causal relationship, comprehensive consideration should be given to the degree of the disease or post-treatment of the person who committed the suicide, general symptoms of the disease, the period of medical care, the possibility of recovery, age, physical and psychological conditions, the surrounding circumstances of the person who committed the suicide, and the circumstances leading to the suicide.

(see, e.g., Supreme Court Decision 2011Du32898, Jun. 11, 2015). The Deceased has been working as a middle school teacher from 1991 to a middle school teacher, and on March 1, 2012, he/she is transferred to a D middle school and is subject to study (20 hours per week).

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