The meaning of diseases due to official duties under Article 45 of the former Public Officials Pension Act (amended by Act No. 3439, Apr. 13, 1981)

Article 45 of the former Public Officials Pension Act (amended by Act No. 3439, Apr. 13, 1981) refers to a disease that occurs during the performance of duties by a public official. Thus, there is a causal relationship between a public official and a disease. A disease caused by overwork or aggravated due to an overwork should be included in this case. In addition, even where there is a basic disease that is not to make it impossible to work normally in the ordinary sense, in particular, where the degree of the nature of the disease becomes worse rapidly due to the overwork cause of the duty.

Article 45 of the former Public Officials Pension Act

Supreme Court Decision 78Nu255 delivered on October 31, 1978, 82Nu226 delivered on October 11, 1983

Plaintiff

Public Official Pension Corporation

Seoul High Court Decision 82Gu992 delivered on November 30, 1983

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The grounds of appeal are examined.

1. According to the reasoning of the judgment below, the court below acknowledged that the deceased non-party was appointed as a local public official on June 20, 1968 and worked at the Gyeonggi-do Office of ○○○○ Office, Gyeonggi-do, and had a high blood pressure, but it does not interfere with the performance of his duties, and therefore, the deceased non-party was promoted to the above ○○○○○○○○ Office on July 1, 1981 and assisted the funeral, while he was in charge of the excessive duties by promoting the general affairs, finance, nursing, and industrial affairs as a general supervisor, and by promoting the above civil petition officer and the Saemaul leader on March 29, 1982 as well as the performance of the inspection of the Non-Party on March 30, 1982, and recognized that the deceased non-party was on duty without a legal holiday and leave from February 14 to March 28, 1968 to work for the same day, and thus, he did not have any error in the rules of evidence again raising the remuneration rate from the first to work.

2. The public official's disease under Article 45 of the Public Officials Pension Act (amended by Act No. 3439 of Apr. 13, 1981) which was in force at the time of the death above refers to the disease that occurred during the performance of his duties, and thus, there is a causal relationship between the official and the disease, which is caused or aggravated by the occupational course, and the disease that is caused by the occupational course also falls under the occupational course. In addition, even in a case where there is a basic disease that is not to make it impossible at all to work normally, it includes a case where the degree of the natural progress of the disease becomes worse rapidly due to the excessive cause of his duties (see Supreme Court Decision 82Nu226, Oct. 11, 1983). In the same purport, the court below's decision that the death of the non-party is a death caused by the occupational disease, and is just and there is no error in the misapprehension of legal principles as pointed out in the arguments.

3. Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Jong-soo (Presiding Justice)