[Judgment of the court below]

The Government Employees Pension Service

February 23, 2017

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The Defendant’s disposition of compensation for survivors’ compensation rendered to the Plaintiff on August 8, 2016 is revoked.

1. Details of the disposition;

A. Nonparty 1 (Plaintiff’s husband: Nonparty (date of birth omitted; hereinafter “the deceased”), who is the Plaintiff’s husband, worked in the Gyeonggi Provincial Police Agency, ○ Police Station, and the Transport Survey Team (hereinafter “instant department”) from July 20, 2015, while serving as a police officer on September 1, 2006.

B. On February 7, 2016, the Deceased was found to fall in the (location omitted) Kimpo-si (hereinafter “Seoul”) in the city of Kimpo-si, where Gi-si was located, and was transferred to an emergency room. However, at around 12:14 on the same day, the Deceased was already dead at the time of arrival in the emergency room.

C. On March 31, 2016, the Gyeonggi Provincial Police Agency ○○ Police Station completed internal investigation on the deceased’s death as “the deceased’s death, who was fluored with a beera window and felled into a beera window and died due to a brue’s disease, etc.”

D. On June 30, 2016, the Plaintiff filed a claim for the payment of bereaved family’s compensation to the Defendant on the ground that the deceased’s suicide was caused by excessive performance of duties at the department of this case and due to extreme stress, and thus, constitutes a disease due to official duties.

E. On August 8, 2016, the Defendant issued a disposition not to pay bereaved family compensation (hereinafter “instant disposition”) on the ground that “It is difficult to view that the deceased’s performance of duties was excessive to the degree that the deceased’s self-scept away, or that the stress that occurred in the process of performing his duties was extremely serious to the degree that he could not be able to see or overcome from the perspective of the average social person, from the standpoint of the average social person, and the deceased was killed due to stressing her death caused by stress, and that it is difficult to recognize proximate causal relation between the deceased’s death and the performance of official duties.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 10 (including branch numbers in case of provisional number; hereinafter the same shall apply), evidence Nos. 11-1, 37-4 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The Deceased suffered from depression and duplicating, etc. due to the instant work, for the following reasons, it constitutes a disease on official duty. Since the Deceased died due to this, there is a proximate causal relation between the instant work and the deceased’s death, which is a public official. Therefore, the instant disposition otherwise determined is unlawful.

① The deceased’s depressions and dubsiums, etc. are caused by changes in the working environment (Article 29(2)1(c)6 of the Enforcement Decree of the Public Officials Pension Act) or the characteristics of the instant work that may cause mental impulses (Article 29(2)1(g) of the Enforcement Decree of the Public Officials Pension Act). Thus, it constitutes a disease due to public duties.

② Even if the Deceased was suffering from a disguised-related disease before he had been in charge of the instant work, the Deceased started to undergo severe clothes, etc. after having been in charge of the instant work, which is caused by the aggravation of the Deceased’s health conditions and the concurrence between the special circumstances of the instant work and the night work, and road. Thus, it constitutes a disease for performing official duties under Article 29(2)3 (a) or (c) of the Enforcement Decree of the Public Officials Pension Act.

(3) The Deceased did self-injury in a mental disorder that occurred in the course of performing official duties or in the course of performing official duties, and constitutes a disease in the course of performing official duties under Article 29(4)1 through 3 of the Enforcement Decree of the Public Officials Pension Act

B. Relevant statutes

The entries in the attached Table-related statutes are as follows.

(c) Fact of recognition;

1) Details and form of the deceased’s work

A) Work experience prior to the assignment of the instant department

After being appointed as a patrol officer on September 1, 2006, the Deceased served at a patrol unit or police box belonging to the Gyeonggi Provincial Police Agency and the ○ Police Station during the period from April 10, 2008 to May 17, 2010, except that he/she served at the traffic control department for the period from April 10 to May 17, 2010.

B) Details of the instant business

(1) After being placed at the instant department on July 28, 2015, the Deceased left three death accidents of workers at the road construction site as the first case on the Kim Jong-poon on July 28, 2015, the deceased was in charge of the confirmation and investigation of the perpetrator and victims of the traffic accident (including the noise accident), securing and investigation of human and material evidence, preparation of relevant documents, and transfer to the prosecution.

(2) The distribution of drinking accidents, traffic accidents, etc. was made in the order of the deceased’s team consisting of three to four persons.

(3) As of June 24, 2016, the deceased shows a total of 112 cases, 9.11% of the disposal rate, 18.77 days of average disposal number, and 23 days of average possession number. The current progress of the entire department of this case at that time is a total of 1,983 cases, 74.74% of the disposal rate, average disposal number is 15.18 days, and average disposal number is 19.05 days.

C) Type of work at the instant department

(1) The Deceased worked in the order of nomenclatures, nomenclatures (09:00 to 15:00), nomenclatures (09:00 to 09:00 on the following day), nomenclatures, nomenclatures, and on duty at the instant department.

(2) While the Deceased worked in the instant department, he/she was given a leave of absence or leave of absence as follows. In particular, the Deceased used childcare leave from November 16, 2015 to May 15, 2016, which was issued on January 29, 2016 and issued on February 1, 2016, but was given a reinstatement order on the same day and used sick leave from the same day until February 14, 2016.

The reasons for the date of use of the card period included in the main sentence are as follows: (a) the spouse birth rate of August 12, 2015 to August 17, 2015; and (b) the spouse birth rate of August 4, 2015 to August 17, 2015; and (c) the body of the body of the body of the general sick and wounded on November 1, 2015 to November 5, 2015 (attached to a medical certificate); (d) the general sick and wounded on November 1, 2015 to March 3, 2015; (b) the hospital of the ▽▽▽△ Medical Foundation Hospital (ju 1) was hospitalized on November 7, 2015 to November 11, 2015, 3 domestic care leave on November 13, 2015 to 20 June 16, 2015 to 16, 2015.

Note 1) dedicated hospital

(3) The details of overtime work performed between July 2015 and October 2015, where the Deceased was assigned to the department of this case, from around July 2015 to around October 2015 are as follows.

Up to the total number of hours of overtime service included in the main sentence, 19 hours and three times from July 2015, around 2015, around 12 hours and 33 times from August 2015, around 2015; 31 hours and 30 minutes from September 2015; 37 hours and 7 times from October 2015.

2) Statement of the Deceased or his family on the instant work

A) The deceased’s own statement

During the period from July 22, 2015 to October 6, 2015, the Deceased frequently sent to the Plaintiff a message to the effect that “work is large, difficult.” The Deceased’s remaining in the instant department, stating that “Isn’t have to suffer any pain due to the cryption,” and that “Isn’t have to go against the cryp, Isn’t have to go against the cryp, and even the Plaintiff’s met, Isn’t have to go against the Plaintiff’s house, or that Isn’t have started to go against the instant department.”

B) Plaintiff’s statement

On June 2016, the Plaintiff made a statement to the following purport as to the appearance of the decedent after the decedent was posted to the department of this case.

본문내 포함된 표 ○ 망인은 빈번하게 휴무일에도 근무하거나, 비번·일근 때도 늦게까지 근무하였다. ○ 망인이 평소에 당직근무 때는 2시간 정도만 잘 수 있을 뿐 거의 잠을 못 자고, 이 사건 업무로 스트레스를 너무 많이 받아 힘들며, 업무량이 지나치게 많다고 하였다. ○ 망인은 2015. 9.경부터는 집에서 쉴 때도 업무를 했는데, 교통사고 가해자들의 항의소리가 귀에 울려서 미치겠다고 하였고, 육아휴직을 하면서는 ‘이 사건 부서에 더 있다가는 몸도 망가지고 가정생활 유지도 안 될 거 같다.’고 하였다. ○ 망인은 2016. 1. 말경 △△△병원 응급실로 이송된 후 스스로 머리를 벽에 찧으며 이 사건 부서에 왜 갔는지 모르겠다면서 소리쳤고, 2016. 2. 1. 원고의 형부에게 이 사건 부서에 간 이후 스트레스가 심해 살이 빠지고 몸이 아프다고 하였다. ○ △△△병원 소화기내과 담당의사는 2016. 2. 3. 망인을 진료하다가 당장 일을 그만두라면서 과도한 업무 스트레스 때문에 망인이 정신적으로 힘든 상태라고 하였다. ○ 망인은 2016. 2. 5.경에도 통증이 심할 때는 자살할 생각이 몇 번이나 들었다면서 이 사건 부서에 가지 않았으면 몸이 망가지지 않았을 것이라고 하였다. ○ 망인이 2016. 2. 6. 새벽 집을 나가 원고가 경찰에 신고하였는데, 당일 오후 귀가한 망인은 자살하려고 나갔다가 돌아왔다고 하였다. 망인은 2017. 2. 7. 당일 오전 경에 자신을 강렬한 눈빛으로 쳐다보기도 하였는데, 나중에 사람들로부터 사망 직전 넋이 나가 눈빛이 이상했을 것이라고 들었다.

3) Medical records or opinions on the Deceased

(a)the body autopsy;

The death diagnosis report of the deceased prepared by Nonparty 3 on February 7, 2016 is written by the private person as “unexplosive.”

B) Details of health insurance benefits

(1) According to the medical care benefits of the Deceased’s health insurance, the Deceased had already been treated due to disguised infection, satchitis, etc. from January 2007. After that, the Deceased was treated as a disguised disease related to food, fire extinguishing, etc. on a intermittent basis. In particular, around December 2014, the Deceased was treated six times due to functional fire extinguishing, and from October 2015 to January 2016, the Deceased was hospitalized at △△△△△△△△ Hospital more than 30 times due to a functional disorder, such as functional fire extinguishing, detailed known source infection and dysatitis, and so on.

(2) In light of the foregoing health insurance benefit content, the deceased did not receive medical treatment related to depression from around 2007 to 2016.

(C) medical records, medical records, and medical certificates of each hospital;

(1) 망인은 2015. 12.경 국민건강보험 ◁◁병원에서 복부통증으로 수회 진료를 받았다. 망인은 2015. 12. 30. 진료를 받으면서 10년 전 복통으로 대장내시경을 받았는데 아무 이상이 없었다고 진술하였다.

(2) On January 31, 2016, the Deceased was hospitalized into △△△△ Hospital and discharged him from the hospital. At the same time, the deceased stated to the effect that the body was reduced by 12 kilograms and the amount of meals was reduced during the last three months. The doctor gave advice on the adjustment of stress.

(3) 망인은 2016. 2. 2. □□정신건강의학과의원에서 복부통증에 관하여 진료를 받았는데, 당시 망인은 ‘복부통증이 신경성으로 의심되며, 6개월 전 이 사건 부서로 이동한 후 24시간씩 업무처리를 하면서 장이 안 좋아졌다. 3개월 전부터 쉬고 있는데 4개월 전부터 통증이 시작되었다’는 취지로 진술하였다. 담당의사인 소외 4는 항우울제(드록틴캡슐), 항불안제(자나팜정), 수면제(졸피신정) 등을 처방하였는데, 망인은 2016. 2. 5. 다시 같은 병원을 방문하여 ‘약을 먹고 통증이 사라졌다. △△△△△병원에서는 통증이 신경성인 것 같다고 하였다.’고 진술하였다.

(4) From November 1, 2015 to February 3, 2016, the Deceased was hospitalized in the dedicated hospital. From November 1, 2015 to November 3, 2016, the Deceased was hospitalized in the dedicated hospital as “a disguised infection, satchitis, satitis, and satisfy in detail,” and the period from November 1, 2015 to November 3, 2015. Notwithstanding the multiple-time inspection, the Deceased prepared a written request for medical treatment of the Deceased on January 31, 2016 in the dedicated hospital where special cause is not revealed, and the name of the Deceased is indicated as “a disguised or satchitis, satchitis, and satching in detail, of unknown satch.”

(5) Meanwhile, on February 12, 2016, 2016, △△△△△ Hospital issued a medical certificate stating that “the deceased had recently been under the influence of depression, abnormal physical decrease,” and that “the deceased had been under the influence of serious decline due to work-related stress, and was determined as a depression and unstable disorder, and thus recommended to rest with the medicine-related law, mental therapy, and medical treatment along with the surgery.”

D) The results of fact-finding with respect to the medical technicians of △△ health;

Although the deceased was the main appeal at the time of the internal body, the non-party 4, who is the doctor of the Madin Health Doctor, appealed from the movement of departments and the stress in the course of performing duties, judged that the deceased's pain was a neutronic pain, and determined that the deceased's pain was a neutic pain. In order to alleviate the depression caused by stress and stress, the non-party 4, who was the doctor of the Madin, B, and B, and was provided with scam for the purpose of easing the anxiety caused by stress, or scam

E) Results of inquiries into the head of △△△ Hospital

Although Nonparty 5 complained of △△△△△ Hospital, there is no unique opinion as a result of blood examination and clothes care CT, it seems that there is a high possibility of a disguised disorder caused by multiple causes such as stress, food, medicine, etc., while the deceased's extreme decline in the body was too serious to see only the symptoms of a disguised disorder. In the medical record, the deceased showed psychological depression, uneasiness, and the deceased appeared to have been difficult to move to the department after the movement of the department, and requested a psychiatrist to the medical specialist of mental health.

4) Determination of bereaved family members of the Gyeonggi-do Veterans Organization as to the Plaintiff of the Gyeonggi-do Veterans Organization

On December 1, 2016, the Gyeonggi-do Ministry of Patriots and Veterans Affairs decided on December 1, 2016 that the deceased is not a soldier or policeman who died in the line of duty under Article 4(1)5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State, but constitutes a soldier or policeman who died in the line of duty under Article 2(1)1 of the

In light of the fact that the Table ○ Deceased, included in the main text, complained of extreme stress caused by a traffic accident on-site investigation while serving in the department of this case, the treatment details such as depression, etc. before the department of this case is confirmed, and that the deceased was classified as a cause of suffering from the department of this case in the South U.S. book, there is a proximate causal relationship between the deceased’s death and performance of official duties, but it is difficult to view that the deceased was placed in inevitable circumstances where it is difficult to make an extreme choice of suicide without making active efforts to solve the situation, and that it is difficult for the deceased to take measures such as retirement and transfer of position according to his own choice if it was extremely difficult to find it difficult for him as an occupational public official with the freedom to choose occupation to perform his official duties, it is difficult to confirm the inevitable nature of the case, and it is determined that it does not correspond to the legislative purpose requirements of the Act on the Honorable Treatment and Support of Persons of Distinguished Services to the State, such as death and stress caused by self-harm of the deceased, etc.

[Ground of recognition] A without dispute, Gap evidence Nos. 5 through 40, 42 through 45, Eul evidence Nos. 1 through 5, and fact-finding with respect to △△△△△△△△ Medical Institute of this court, the result of fact-finding with respect to the head of △△△△△△△ Hospital of this court, and the purport

D. Determination

1) Relevant legal principles

The term “public disease” as stipulated in Article 61(1) of the Public Officials Pension Act refers to a disease caused by the official duty during the performance of the official duty. As such, there is a causal relationship between the occurrence of the disease and the public official duty, and the causal relationship must be proved by the assertion of such causal relationship: Provided, That such causal relationship does not necessarily have to be proved clearly in medical and natural science, and where proximate causal relationship is acknowledged from normative perspective, there should be proof. In a case where a public official dies due to a suicide, the disease is caused or aggravated due to the occurrence of the disease in the line of duty, or the excessive stress in the line of duty is overlapped with the main cause of the disease, and it can be presumed that such disease has resulted in suicide to the extent that the normal recognition ability, ability to choose action, mental suppression ability, or considerable decrease, and that there is a proximate causal relationship between the official duty and the death. In order to recognize such proximate causal relationship, comprehensive consideration should be given to the degree, symptoms of the disease after the suicide, the period of medical treatment, recovery, age, physical and psychological situation 2181.

Meanwhile, suicide is essentially based on free will. Since stress experienced in the course of performing duties, and the depression was not irrelevant to the motive or cause of suicide, there is a proximate causal relation between work and suicide immediately. In light of the age, character and position of a person who committed suicide, the degree and duration of stress caused by work, the physical and mental situation of a person who committed suicide, the surrounding circumstances surrounding the person who committed suicide, the outbreak of depression, the timing of suicide, and other circumstances leading to suicide, and the existence of existing mental illness and family history, there is no proximate causal relation, unless the suicide is considered from an average social point of view to the degree that it is difficult to accept or overcome the suicide, and there is a proximate causal relation between work and a person who committed suicide. In addition, even in the case of suicide, whether there was a proximate causal relation between work, shall be determined based on the health and physical condition of the worker concerned, not on an average person, but on the basis of 14th of the average physical condition of the worker in question (see, e.g., Supreme Court Decision 2014).

2) In the instant case:

Examining the following circumstances recognized by the purport of the above facts and the entire argument in light of the above legal principles, there is no proximate causal relation between the instant work and the deceased’s suicide, and thus, the Plaintiff’s assertion cannot be accepted.

① Until the deceased was appointed on September 1, 2006 and was assigned to the department of this case, he continued to work under the jurisdiction of the Gyeonggi Provincial Police Agency ○○ Police Station. Since the deceased was in charge of traffic control for two years from April 10, 2008 to May 17, 2010, it is difficult to view that the placement of the department of this case to the department of this case constitutes a case where the deceased was exposed to rapid change in the working environment or serious business conditions, etc.

② As seen earlier, the deceased’s first case after the assignment of the department of this case handled the death accident. However, witness at the scene of death, viewing of the accident video and hearing of the person involved in the accident are indispensable procedures due to the characteristics of the instant work. A malicious civil petition, etc. is sufficiently incidental to the instant work, as well as the instant work, and it does not appear that there are contents that could give rise to mental shock, such as cruel images, etc., on the ground that it is difficult to view that the instant work itself has characteristics that may cause mental shock.

③ From 2007, the deceased suffered from disguised-related diseases, among symptoms of the deceased, cannot be deemed as a disease only caused by being placed in the department of this case.

④ Although it is recognized that the deceased started to work at the department of this case and frequently experienced overtime work, the deceased did not actually perform the instant work for three months from November 1, 2015 to February 7, 2016, such as childcare leave, leave of absence, etc. In light of the present progress of this case, it is difficult to deem that the deceased promptly handled a large number of cases particularly excessive compared to other members of the department of this case. In July 2015 and August 2015, the overtime work hours are limited to 19 hours and 12 hours, and the excess work hours are more than 37 hours in October 2015, and this is difficult to view that the rest of the work days except a non-number of hours and holidays is 15 days in consideration of the fact that the rest of the work days is 15 days. However, it is difficult to see that the department of this case and the department of this case continued to work.

⑤ 다만, 망인이 이 사건 업무를 수행하면서 상당한 스트레스를 받았음은 원고의 진술 및 망인에 관한 의사들의 소견 등에 비추어 짐작할 수 있고, 여기에 망인의 건강과 신체조건 등을 더하여 보면, 이 사건 업무가 우울증 증상의 한 원인이 되었던 것으로 보이기는 한다. 그러나, 망인은 2016. 11.부터 병가 및 육아휴직 등을 통해 이 사건 업무에서 벗어난 상태였는데, 그때부터 3개월이 지난 2017. 1. 말경에 벽에 머리를 찧는 등 이상행동을 보였고, 2016. 2. 6. 자살 시도를 한 차례 한 뒤 그 다음날 자살하였다. 이처럼 망인이 이상행동을 보이기 시작한 시점은 이미 이 사건 업무로 인한 스트레스로부터 상당 기간 해방된 때였고, 망인은 2016. 1. 29. ○○경찰서 ◇◇지구대로 발령을 받아 복직 후 더 이상 이 사건 업무를 담당하지 않게 된다는 점을 잘 알고 있었을 것이므로, 이 사건 업무를 계속 수행하는 데 따른 중압감으로 인하여 망인이 극단적인 선택을 하였다고 보기도 어렵다.

6) The deceased also stated to the effect that the deceased’s house of the deceased did not listen to the aftermath of the department of this case as well as the aftermath of the deceased’s house, and that the plaintiff’s horse was returned to Korea without hearing the plaintiff’s horse. However, in light of the fact that the deceased visited the Doldong Department immediately before the suicide to receive medical treatment at the time of his visit, and that when he visited the above member on February 5, 2015, the deceased’s visit on February 5, 2015, the prescription drug was drinking and paind, rather than because of stress arising from the work of this case, it appears that the deceased suffered from a disguised-related disease that had been caused before being placed in the department of this case before reaching the end of this case, and that the causes for the future reduction and compromise were more likely to have been caused without a long period of time due to extreme pain.

7) On February 6, 2016, which is the day before the deceased committed suicide while such a scambling is extremely serious, it is difficult to view that the deceased was in a mental disorder state where the deceased had already attempted suicide on one occasion even on the day before the suicide. However, in light of the fact that the deceased did not have a static form but has described the content and cause of the suffering suffered by himself/herself in line with his/her judgment of judgment, and that he/she had a scambia in a state of mental disorder or mental disorder at the time of his/her suicide, a normal perception or ability to choose an act,

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

[Attachment]

Judges Park Jong-soo (Presiding Judge)

Note 1) Only hereinafter referred to as “standard hospital”).

Note 2) Although not directly produced by this Court as evidence, according to each of Gap evidence No. 43, it seems that the Gyeonggi Northern Veterans Association submitted a medical certificate to the Gyeonggi Northern Veterans Association.