2015Nu716 Revocation of Non-approval for Medical Care for Public Duties

A person shall be appointed.

Fr. Sc. Sc.

Attorney ○-○, et al.

Attorney Kim Jae-soo ○○

The Government Employees Pension Service

Litigation performer ○○○

Seoul Administrative Court Decision 2012Guhap3300 decided January 8, 2015

September 17, 2015

October 22, 2015

1. Revocation of the first instance judgment.

2. On June 1, 2012, the Defendant’s disposition of non-approval of medical care granted to the Plaintiff for official duties is revoked.

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

The order is as set forth in the text.

1. Details of the disposition;

A. The Plaintiff’s husband ○○○○○○ University (hereinafter “the Deceased”) served as fire-fighting officials, and was dispatched to the Safety and Security Group in Seoul from January 19, 201 to May 7, 201, and was provided at the 00th dental clinic from March 18, 201 to April 2, 201, on the ground of depression, etc. while serving as disaster-prevention officials, at the university hospital from March 28, 201 and from April 29, 201 to 00 to May 7, 201, and from the hospital from 00 to May 118, 201, and was provided medical treatment at the same university hospital from △△△△ Hospital from March 18, 2011 to 10 to 200 to 10 October 17, 2011.

B. On April 1, 201, when the Deceased was assigned to the Organizing Committee of this case, and was assigned to 000 fire fighting headquarters 000 on April 1, 201, the Deceased committed suicide by putting in the trees located in the 00-dong 00-dong 00-dong 00-dong 00-dong 00-dong 00-dong 1, and then, during the hospital treatment for the treatment, such as depression, the Deceased was under the hospital treatment.

C. On May 2012, the Plaintiff filed an application with the Defendant for approval of medical care due to high stress on the deceased (hereinafter “the instant injury and disease”). However, the Defendant, following deliberation by the Public Official Pension Benefit Council, rendered a decision not to grant medical care for official duties on the ground that “it is difficult to deem that there is a considerable causal relationship between the applicant branch and the official duties” on June 1, 2012 (hereinafter “instant disposition”).

【Uncontentious facts, Gap’s evidence Nos. 1 through 3, Eul’s evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

After the Deceased was appointed as a local fire assistant, he mainly performed the duties such as fire, rescue, first aid, and volunteer service in a fire station within the jurisdiction, and was dispatched to the Safety Security Team of the instant Organizing Committee from January 19, 201 to March 31, 2011, and was in charge of disaster prevention as a public official. The Deceased started his duties as a completely different disaster prevention public official due to environmental changes, extreme stress, and anxiety that he lives away from his family, and was issued with a mental and medical treatment on several occasions on April 1, 201. However, the depression caused by extreme stress due to his duties could not be cured as a day, and thus, there is a proximate causal relation between the deceased’s application for medical care, such as the depression, etc., based on the premise that there is a proximate causal relation between his duties.

B. Relevant statutes

As shown in the attached Form.

C. Facts of recognition

앞에 나온 증거들에 갑 제4 내지 30호증, 을 제2 내지 4호증, 제8호증 ( 가지번호 있는 것은 가지번호 포함 ) 의 각 기재, 제1심증인 ◎◎◎, , ◆◆◆ 및 당심증인 000의 각 증언, 제1심법원의 0000 병원에 대한 진료기록감정결과, 제1심법원의 000000000위원회, 0000 소방본부, □□소방서, 소방서, △△소방서, ☆☆소방서에 대한 각 사실조회결과 및 변론 전체의 취지를 종합하여 보면 아래와 같은 사실이 인정된다 .

1) On August 7, 1981, the deceased was appointed as a local fire fighter, and he started his duties on August 7, 1981, and performed his duties, such as fire, rescue and first-aid services, civil service, etc. at the local fire fighting department within the jurisdiction. On December 28, 1994, the local fire fighting team falling under the executive officer, March 3, 199, and the local fire fighting commander (the public official of Grade V in general service) on January 1, 2007, the deceased was promoted to the local fire fighting team and the head of the local fire fighting team, and the head of the local fire fighting team and the head of the local fire fighting team were assigned from October 13, 2008 to the head of the local fire fighting team, and the head of the local fire fighting team and the head of the local fire fighting team were assigned from October 14, 2008 to the head of the local fire fighting team.

C) On January 19, 201, the Deceased was issued a dispatch of the Organizing Committee from the fire headquarters of this case, and worked in Seoul. The Organizing Committee of this case was affiliated with the Safety and Security Team. The duties in charge were working-level officers in charge of formulating various fire-fighting safety measures, managing the construction site of the EXPO facilities, formulating fire safety inspection plans for accommodation and restaurants adjacent to the EXPO, formulating fire safety inspection guidelines for the participants, responding to inquiries in the field of fire safety, installation, direction, supervision, etc. of the EXPO facilities, and preparing documents using computers for this purpose. On the other hand, the fire-fighting and disaster prevention duties of the said Safety Team from October 16, 2009 to January 18, 2011 to November 19, 2011.

31. 까지 망인 1명, 2011. 4. 1. 부터 2011. 6. 30. 까지 소소 1명이 맡아서 하다가 위 안전보안단이 □□에 있는 박람회 현장으로 옮겨 업무가 늘어나면서 2011. 7. 1. 부터는 오, ☆☆☆, ▲▲▲ 등 3명이 소방 · 방재업무를 담당하였다 .

D) From the beginning of the work at the Organizing Committee of this case, the Deceased demanded that one working person be placed additionally, regardless of the issuance of a new order to another place. After that, the Deceased had been issued to the Fire Fighting headquarters 000 fire fighting headquarters 000 on April 1, 2011, the Deceased had stayed at his own home after having received hospital treatment from sick on April 6, 201. 2) The Deceased had received medical treatment on February 28, 201 after the issuance of the dispatch order to the Organizing Committee of this case on February 28, 2011.

B) During the period from March 18, 201 to April 2, 201, the Deceased, who was on the duty of the Organizing Committee of this case, complained of symptoms, such as anxietys, influences, depressions, and depressions, etc. regarding the work transition work four times during the period from March 18, 201 to April 2, 200 of the same year, who was on the duty of the Organizing Committee of this case, and was subject to counseling and pharmacologic treatment under the diagnosis of 'brupted Epid’. The major contents of the diagnosis and medical record are as follows:

C) On March 28, 2011, the Deceased was treated in an emergency room at a university hospital of 00 due to symptoms, such as heating in the Gutoto and body, and following the date, the Deceased was diagnosed as “alcohobuse (alcohobuse).” The major contents of the emergency medical records at the time were as follows.

D) From April 11, 2011 to May 23, 2000 of the same year, the Deceased was diagnosed as “pharmacologic disorder without mental symptoms” and received pharmacologic treatment and mental treatment. The main contents of the diagnosis are as follows.

E) On May 17, 201 and the 20th day of the same month, the Deceased was diagnosed as “major depression disorder” and received pharmacologic treatment. The main contents of the medical records are as follows.

F) On May 23, 2011, the Deceased was diagnosed as a “sulphical disability with a Squared” with a Squared by 000 △△△△△△△, and was to undergo subsequent hospitalized treatment. The major contents of the medical records are as follows.

3) As a result of the examination of medical records, the result of the first instance court’s entrustment of the examination of medical records to the head of 000 hospital was as follows.

4) According to the deceased’s statement on his/her husband’s patriarche and the deceased’s patriarche, the deceased has a characteristic that he/she ought to complete all of his/her work as a matriarche, and he/she was forced to dispatch his/her work to the Matrico, but he/she was forced to be on dispatch without any choice, and his/her ability to utilize computers essential for working on the Organizing Committee was significantly lacking.

B) According to the Plaintiff’s statement statement (the bereaved family member), the deceased’s character is resistant and does not fulfill his/her desire to make himself/herself.

(v) mental treatment prior to the dispatch;

Before the deceased is dispatched to the Organizing Committee of this case, there is no record of mental counseling or medical treatment due to mental illness such as depression.

D. The judgment of this Court

1) “A disease caused by an official duty” as provided for in Article 35(1) of the Public Officials Pension Act refers to a disease caused during the performance of official duty, and there should be causation between the public official’s disease and the disease. However, even if the main cause of the disease overlaps with the main cause of the disease, it should be deemed that the causal relationship exists if the disease was caused or aggravated, and the causal relationship does not necessarily have to be proved clearly in medical and nature. Considering the overall circumstances, it should be deemed that there was a proximate causal relationship between the disease and the official duty and the disease (see, e.g., Supreme Court Decision 96-12139, Jun. 24, 1997). In determining whether there was a proximate causal relationship between the deceased’s mental disease and the official duty’s mental health and physical condition (see, e.g., Supreme Court Decision 9Nu940, Dec. 13, 1994).

B) On February 28, 2011, the Deceased was treated under the diagnosis of △△ Council members, △△00 Hospital, △△ University Hospital, and △△△△△△ Hospital, etc., from the time of the suicide on the grounds of unstable symptoms, etc. In such a case, the Deceased consistently complained of stress, apprehensions, and sleep disorders caused by dispatch. In light of this, it is reasonable to deem that depression, etc. had been newly occurred to the Deceased around the time of dispatch to the Organizing Committee of this case.

C) After promoting as a local fire order on January 1, 2007, the Deceased continued to serve as a commander of the field fire station, fire fighting department, △△ Fire Fighting division, head of the rescue and first aid department, and △△ Fire Fighting division, etc., and served as a working person in charge of formulating various fire fighting safety measures, etc. and proposing documents related to the event of the EXPO that should not be dispatched to the organizing committee of the instant case. The Deceased requested the Fire Fighting headquarters to take measures for transfer and dispatch of working-level personnel to the Fire Fighting headquarters, while taking mental counseling and medical treatment since the time of dispatch. The Deceased requested the Fire Fighting headquarters to take measures for transfer and dispatch of working-level personnel. The burden burden burden that the deceased must be dispatched to the organizing committee of the instant case to the working-level level and the ability to utilize computers computers, etc. is deemed to have been seriously experienced in the job and caused depression.

D) As a result, the Deceased was issued on April 1, 201 with an order of 0000 fire fighting headquarters 000, and tried to commit suicide on or around the fourth of the same month. Since then, the Deceased was treated at sick and △△000 hospitals, △△ University Hospitals, and △△△△△△, etc., prior to his suicide, on May 23, 2011, the Deceased was unable to take care of △△△△ Medical Center to move her work place and make a working-level life. In light of the above facts, the Deceased stated that, while working in Seoul, △△△△△ Medical Center, he was unable to drink and work. In light of the foregoing, the Deceased’s ability to determine the symptoms, such as depression caused by occupational stress, was significantly deteriorated, thereby significantly deteriorating the ability to perform suicide.

E) The Defendant asserts to the effect that the stress from the duties of dispatching the organizing committee of this case cannot be deemed to have been significantly unable to overcome from the perspective of social average person, and thus, the injury and disease of this case is due to personal vulnerability. However, even if an individual person’s actions, such as the deceased’s sexual nature, had a certain degree of influence on the occurrence of the injury and disease of this case, the deceased, who had no particular mental disease before and after the dispatch to the organizing committee of this case, continuously complained of stress and suffering from the duties of dispatching, and consistently complained of stress and suffering from suicide in the treatment process, and ultimately, in light of the circumstances before and after the outbreak of the injury and disease of this case, it does not affect the conclusion that the inherent vulnerability of the deceased to the extent that proximate causal relation between official duties and the injury and disease of this case is recognized. The above assertion is without merit.

3) Therefore, the instant disposition rejecting the Plaintiff’s application for approval of medical care for official duties on the ground that there is no causal link between official duties and the instant injury and disease is unlawful.

3. Conclusion

Therefore, the plaintiff's claim of this case seeking the cancellation of the disposition of this case is justified, and the judgment of the court of first instance which has different conclusions is unfair, and it is so decided as per Disposition by cancelling this and accepting the plaintiff's claim.

Judge Yellow-Jil of the presiding judge

Judges Cho Hun-tae

Judges Kim Gin-ran