206Nu2987 Revocation of revocation of a decision to pay a disability pension

Ma○ ○

Seoul Seodaemun-gu Hong-dong 1

Attorney Yu-won et al., Counsel for the defendant

Public Official Pension Corporation

Gangnam-gu Seoul Central District Court 701

Representative Director

Litigation Performers;

Seoul Administrative Court Decision 2005Guhap23664 decided January 12, 2006

October 11, 2006

October 25, 2006

1. Revocation of a judgment of the first instance;

2. The Defendant’s disposition of additional payment of disability pension against the Plaintiff on April 22, 2005 is revoked.

3. The total costs of the lawsuit shall be borne by the defendant.

The order is as set forth in the text.

1. Details of the disposition;

가. 원고는 1999. 5. 18. 해양수산부 차관보로 취임한 후, 2000. 4. 29. 한 · 일어업회담 준비를 위한 국 · 과장 회의를 주재하던 중 간경화의 합병증인 간성혼수 ( 肝性昏睡 ) 로 쓰러져, 2000. 5. 23. 자로 의원면직하였고, 2000. 6. 19. 간이식수술을 받았다 .

B. Around October 18, 2004, the Plaintiff filed an application for approval of medical treatment for official duties with the name of the injury and disease of the Defendant on the basis of the “liver and simplified conditions” which had been treated from around October 18, 1996. However, on February 4, 2005, the Defendant approved non-approval of medical treatment for official duties on the ground that the Plaintiff’s liver was incurred due to the natural progress of the existing chronic infection B, which is the disease, and thus, does not constitute a disease due to official duties (hereinafter “disposition for non-approval of medical treatment”).

C. In addition, around March 2005, the plaintiff requested the payment of disability pension (hereinafter referred to as the "claim of this case") on the condition of "the plaintiff's simplified condition after the simple form of disability Eul." However, on April 22, 2005, the defendant, not on the ground of occupational reason but on the ground that the disease caused by the plaintiff's disability, which was the cause of the plaintiff's disability, was aggravated due to the chronic marity of the existing chronic maritis, and thus, on the ground that there is no proximate causal relation between the disease and the official duty (hereinafter referred to as the "disposition of this case").

라. 원고는 위 각 처분에 불복하여 공무원연금급여 재심위원회 ( 이하 ' 재심위원회 ' 라 한다 ) 에 심사청구를 하였다. 그러자 재심위원회는 2005. 6. 22. 「 원고의 간경변의 주된 발생원인은 공무와 직접 연관이 없지만, 주기적인 치료와 건강관리를 하면서 직무를 수행하던 중 1999년경 원고의 고사 ( 固辭 ) 에도 불구하고 차관보로 임용되어 통상의 담당직무가 아닌 특수한 직무인 한 · 일, 한 · 중, 한 · 러 어업회담의 준비와 국제회담에 따른 초과근무, 야간근무 등 과로와 정신적 스트레스로 인하여 평소에 정상적인 근무가 가능한 기존질병이 자연적인 진행속도 이상으로 급격히 악화된 것으로 보이고, 업무와 관련하여 적절한 치료를 받기 어려운 여건으로 인하여 기존질병의 진행속도가 더 빨라졌을 것으로 판단되므로, 공무상 사유로 인하여 기존 질병이 현저하게 악화된 경

On the ground that proximate causal relation with official duties is recognized, the above "disposition for Non-approval for Medical Care" was revoked. However, with respect to the "Disposition related to Disability Pension", a decision to dismiss this part of the claim on the ground that the plaintiff "it is difficult to see it as disability ( disability) under the Public Officials Pension Act because the plaintiff was under simple surgery and is currently able to live a normal life."

【Reasons for Recognition】 Each entry of Gap 1 through 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

(a) Related statutes;

As shown in the attached Form.

B. The facts of recognition (1) since the Plaintiff was appointed as a fisheries research technician of the National Fisheries Agency, a member of the Fisheries Agency, on November 21, 1967, the Plaintiff served as the Director-General of the Ministry of Maritime Affairs and Fisheries and the Director-General of the Fisheries Development Bureau of July 1, 1994. (2) From July 1, 1997, the Plaintiff was diagnosed as a " chronic activity Category B infection" since 20 years ago, and around 193, the Plaintiff was diagnosed as a " chronic activity Category B infection", and around October 1996, the Plaintiff was a chronic liver disease with multiple witnesses for mergers, senior executives, and liver mixed trees after the inspection by the National Assembly. Accordingly, the Plaintiff had regularly conducted medical examinations and health care, and there was no particular problem in performing ordinary duties.

(3) However, the Ministry of Oceans and Fisheries, which started from June 199, appointed the Plaintiff as a working-level officer who can smoothly conclude the fishery negotiations with various countries, such as Japan, China, Russia, etc. The Plaintiff, upon receipt of such prior notification, died on several occasions on the grounds of its health, but the government authorities appointed the Plaintiff as an Assistant Minister of Oceans and Fisheries on May 18, 199, and have the Plaintiff take overall control of fishery agreements and fisheries policies with foreign countries, by appointing the Plaintiff as an Assistant Minister of Oceans and Fisheries. Accordingly, the Plaintiff, in addition to the overall plan and implementation of fisheries agreements with the Republic of Korea as an ordinary Assistant Minister, was accumulated in preparation for each fishery agreement with China, Japan, and Russia, and tried to conduct sampling work for this purpose. (4) From July 19, 199, the Plaintiff negotiated the number of persons assigned to the head of the fishery and fisheries joint management committee from July 18, 199, and (0) the Plaintiff was conducting the business of the two countries, including Dokdo.

(5) In parallel with the above-mentioned one-day fishery negotiation, the Plaintiff started the preparation of the Russian fishery conference from November 199 to determine the lusium of the deep-sea fishing vessel in Korea. From November 29, 199 to November 29, the Plaintiff continued the negotiations with the Russian delegation as the chief representative of the Republic of Korea. The time limit of the above conference was the first time of December 4, 1999, but the negotiations did not lead to the conclusion of the agreement. The Plaintiff extended the time limit of the conference by the fifth day of the same month following that date, and proceeded with the sampling with the chief representative of the Russia and the exclusive sample negotiations with the first time of the year.

(6) At the time of December 4, 199, the Plaintiff continued to hold a meeting with the limited line from 3:5 p.m. to 199 a.m. on the following day. During that process, the Plaintiff made every effort to engage in negotiations with the chief representative of Russia and Russia, including throughout the state of flusium and Russia, with a large number of Kussia and Russia. Accordingly, on December 5, 199, negotiations with the Plaintiff and Russia representatives were successfully concluded (7) from 3:0 on December 6, 199: 19:5, the Plaintiff reported the progress of the meetings to the Minister of Oceans and Fisheries, and returned to the Assistant Minister, and the Plaintiff was released from 19 p.m. to 6:5 p.m., 199 to 19 p.m. (7: 6: 9% p.m., m., p., p., p. g., the Plaintiff was removed from 1 to the hospital.

(8) Accordingly, even though there was a need for stability fees for a considerable period of time, the Plaintiff takes follow-up measures, such as the preparation of an agreement, which was the result of the said agreement, and the preparation of such agreement, as soon as possible, to the extent that it will be held.

12. Along seven days, eight days, and ten days, he/she has worked at a hospital as an office in the outside form and continued to work.

Around that time, the Plaintiff expressed his intention to the minister of the Ministry of Oceans and Fisheries, but did not accept the Plaintiff on the ground that there was no person in charge of dealing with the pending issues at the time except the Plaintiff. (9) On December 10, 1999, the Plaintiff was released early on December 10, 199, followed up to the time limit of the Han and Il-Stop quota conference held in Japan from December 20 to 23, 1999, followed up to the time limit of the Han-Stop conference held in Japan from December 20 to 20, the Plaintiff attended the Han-Stop conference held in Japan, as the head representative of the Republic of Korea to preside over the negotiations and came up with the negotiations. After that, the Plaintiff appeared to have prepared the results of the above fisheries negotiations, held countermeasures against fishery organizations, etc., and held an adverse work, such as holding a meeting for export at any time during the extended number of 10th-day and 20th-day conference.

(10) The plaintiff was hospitalized in Bolar Hospital from March 26, 200 to April 7, 200, but was hospitalized in 200, April 1 to April 7, 200, and was hospitalized in 200 to April 28, 200, but 100 days, 21 days, 27 days, 28 days, and 20 days, respectively. Since 200, the plaintiff was released from Bolar Hospital for 10 billion won, 2000, 1000 6 days, 6 days, 6 days, 6 days, 6 days, 6 days, 100, 6 days, 6 days, 6 days, 6 days, 6 days, 100, 6 days, 6 days, 6 days, 6 days, 100, 100, 200, 11 days, 6 days, 6 days, 200.

(13) Generally, there is no clear medical evidence that over-road and stress may either cause livers or deteriorates naturally at a speed. On the other hand, livers patients need to continuously manage their lives according to the medical examination and doctor’s instructions. On the other hand, when they suffer from severe over-road and stress without stability, they may indirectly deteriorate diseases or have adverse effects on their recovery through the degradation of food, nutrition, low resistance, or immunodeficiency function. In addition, drinking is generally affected by livers, but it is known that alcohol diseases have an impact on the progress of vizine-type diseases, as well as alcohol diseases. The diagnosis and treatment for the Plaintiff is likely to have engaged in the aggravation of viral diseases, alcohol, etc. within a short period of time. While the Plaintiff was hospitalized at the time of hospitalization, it was recommended that the Plaintiff frequently left the hospital due to the lack of stability and recovery of viral functions.

(14) Meanwhile, on July 15, 2003, the Plaintiff was determined as “persons with disabilities between Grade 5 and Grade 5 under the Act on Welfare of Persons with Disabilities” and registered as the disabled. In addition, on September 2005, the Seoul Regional Veterans Administration recognized the Plaintiff as “persons of distinguished service to the State due to an injury during official duty,” and held a physical examination for the classification of disability rating as a result of the physical examination for the classification of disability rating, the Plaintiff was determined as class 4 (persons who lost their labor ability by a disability, such as chest long-term, etc.).

(15) According to the disability diagnosis report of the Seoul Asan Hospital, the Plaintiff needs to keep the current simple form of treatment, the functional disorder between them, and continuous immunity treatment, and regular observation of the regular progress for the prevention of recurrence and transplant refusal of existing diseases is required, and since there exists no significant obstacle to inter-regional functions, and no person is engaged in other than an easy service, it is a medical opinion that the Public Officials Pension Act corresponds to the disability Grade 5.

[Grounds for recognition] Gap's evidence 1, 4, 22, Eul's evidence 1 to 3, and the purport of the whole argument is to determine.

(1) 'A disease caused by official duty' refers to a disease caused by a public official's duty, which is the requirement for the payment of a disability pension under the Public Officials Pension Act, and there is a causal relationship between the official duty and the disease. However, even though the main cause of the disease is not directly related to the official duty, if the disease is caused or aggravated as a result of the overlap with the main cause of the disease, at least as a result of the official duty, it is deemed that there is a causal relationship. Such causal relationship does not necessarily have to be proved clearly in medical and nature, and it should be deemed that there is proof even if there is a proximate causal relationship between the official duty and the disease, considering various circumstances. Furthermore, the disease caused by excessive work, etc. includes a case where the basic disease that can be ordinarily worked at ordinary level or the existing disease becomes worse rapidly above the natural progress due to excessive work, etc., and further, the existence of proximate causal relationship between the official duty and the death should be determined based on the health and physical condition of the pertinent public official, not on the average, but on the basis of the pertinent public official duty.

(2) From the above perspective, it is examined whether there is a causal relationship with the Plaintiff’s disease (the multiple, multiple, inter-sexual intercourses, and executive ties).

First of all, since the plaintiff has long been suffering from chronic infection, the main cause of the disease is not directly related to official duties, but there is no clear medical evidence that the overwork and stress generally worsens beyond natural progress.

On the other hand, as seen above, ① in international negotiations with the Ministry of Oceans and Fisheries as an Assistant Minister in Japan and Russia, it seems difficult for the Plaintiff to take part in the negotiations on behalf of the State in the course of performing a serious duty to prepare and proceed directly, and ② the Plaintiff was responsible for the above position on the grounds of the health care due to the existing diseases, even though the Plaintiff was dead, its duties are different from those normally assigned by the Plaintiff or another Assistant Minister of Maritime Affairs and Fisheries, and they seems to be much more excessive than others. ③ The Plaintiff was neglected to undergo a private medical examination due to the seriousness and urgency of the assigned duties as seen above, and there was no choice but to care for the health care of the Plaintiff after receiving a private medical examination.

Although there are serious circumstances in which medical care should be sufficiently performed as a result of an emergency operation in a hospital due to the occurrence of livers, multiple types of food and clothing, and the aggravation of various values, (i) it seems that such patient inevitably worked in an office and even in Japan, it seems that the treatment and recovery of livers were significantly hindered (not recovery of various inspection values of the plaintiff aggravated in the course of fishery negotiations). (ii) In particular, there was no choice but to have been an excessive gap until late at night for the conclusion of international negotiations, and (iii) it seems that there was an adverse impact on the recovery of symptoms that have aggravated or aggravated livers in line with the above occupational course, and ultimately, it is recognized that there was a proximate causal relation between the plaintiff and the Ministry of Oceans and Fisheries by taking account of the following factors: (i) the plaintiff's natural aggravation of livers and livers in his/her official duties, and (ii) it is recognized that there was no change between the plaintiff and the Ministry of Oceans and Fisheries and Fisheries, and (iii) it has not been recovered from his/her official duties.

Although the Plaintiff was under a simplified surgery, the Plaintiff’s treatment was completed on a short-term basis. However, inasmuch as the Plaintiff continued to use drugs for life to prevent the recurrence and the occurrence of a merger, and continuous progress observation is required, and all physical functions including the simple function cannot be performed as normal persons, it still remains permanent due to the current simple type of disability. Therefore, in light of the provisions of Article 51(1) of the Public Officials Pension Act, Article 45(1) [Attachment 2] of the Enforcement Decree of the same Act, and Articles 22 through 24 of the Enforcement Rule of the same Act and [Attachment 2] of the Enforcement Rule of the same Act, the Plaintiff’s prior disposition is unlawful on the premise that there is no causation between the Plaintiff’s official duties and the disease.

3. Conclusion

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

Judge Lee Jae-de

Judges Man-ju

Judges Cho Jae-sop

Related statutes

Public Officials Pension Act

Article 25 (Benefits) Short-term benefits under Article 34 shall be granted for any disease, injury or accident caused by the official duty of a public official.

Long-term benefits under Article 42 shall be paid to the retirement, disability, and death of public officials.

Article 42 (Long-Term Benefits) Long-term benefits under this Act shall be as follows:

2. Disability benefits:

(a) Disability pension; and

Article 51 (Disability Pension or Disability Compensation)

(1) Where a public official retires under the condition of disability due to a disease or wound due to official duties, or after retirement, the disease; and

When the disability is caused by injury, the person in question wants according to the disability level prescribed by the Presidential Decree.

A disability pension or disability compensation annuity shall be paid under the same Act.

Enforcement Decree of the Public Officials Pension

Article 45 (Classification of Degree of Disability)

(1) The degree of disability benefits under the provisions of Article 51 of the Act (hereinafter referred to as the “grade grade”) shall be classified as shown in the annexed Table 2.

and if there is any invalidity not specified in the invalidity grade, the invalidity grade shall be abolished according to the degree of the invalidity.

The invalidity grade shall be determined according to the state of the quality: Provided, That if the disability falling under Grades II through X is two or more parts, it shall be determined:

If, for the two serious diseases, the corresponding invalidity grade by each part as prescribed in the attached Table 2, is determined, and such invalidity grade is determined.

A comprehensive disability grade pursuant to attached Table 3 shall be determined.

(2) Detailed criteria for the classification of invalidity grades under paragraph (1) shall be determined by the Ordinance of the Ministry of Government Administration and Home Affairs.

[Attachment 2] Invalidity grade (Related to Article 45)

Class V

3. A person who has a obvious obstacle to the function of chest long-term, and is not engaged in particularly easy labor;

Class VII

5. A person who has a obvious obstacle to the function of chest long-term, and is not engaged in excluding easy labor;

Class 9

11. Persons whose labor service is restricted to considerable extent due to disorder in chest-and long-term functions;

Class XI:

11. Persons who are left with a disability in the chest heading;

Enforcement Regulations of the Public Officials Pension Act

Article 11 (Death Caused by Official Duty)

(1) A public official shall newly suffer from a disease or have an obvious existing disease due to any of the following causes:

If the performance of official duties has deteriorated, it shall be deemed to have been disease.

11. A disease caused by physical or mental disorder due to an increase in work capacity, excessive work, etc. in the performance of official duties; or

A disease significantly aggravated;

(2) A disease on official duty must have a reasonable causal relationship between the occurrence and aggravation of the disease and the cause of the disease.

(3) In the course of treating a disease caused by official duties, the disease as its main cause, causing a merger certificate, or equivalent to performing official duties.

If a mental or physical skin situation continues to exist for a period of time and the physical resistance decreases, causing a merger;

A soldier's certificate shall be deemed to be a disease caused by official duties: Provided, That natural causes are caused by basic diseases or physical causes.

This provision shall not apply where it has become or has become worse.

(4) In determining diseases caused by official duties, the characteristics, gender, age, physical constitution, and reputation of a public official or a former public official.

It shall take into account the health status of the cattle, the existence of existing diseases, sick leave, leave of absence, retirement, etc.

Article 22 (Standards for Recognition of Invalidity)

(1) The determination of disability shall be based on the public official pension disability diagnosis certificate submitted at the time of a request for disability benefits, or the diagnosis made by the Corporation.

(d) The standard for a certificate of disability of a public official pension issued shall be the same.

(2) With respect to the disability caused by a disease or wound in the line of duty, six months have passed after the stability of symptoms, and the symptoms are natural.

The date the approval period for medical care has expired shall be deemed to be the date of final determination: Provided, That at least one year from the expiration of the approval period;

When the disease or injury is stable or the point of final treatment is unknown, the disability diagnosis date shall be the disabled.

shall be deemed to be the date of such become final and conclusive.

Article 23 (Classification and Determination of Conditions of Disability)

The determination of invalidity grades under Article 45 (2) of the Decree shall be based on the criteria for determination under attached Table 2.

Article 24 (Determination of Invalidity Rates)

(1) The determination of invalidity grades under Article 45 of the Decree shall be based on symptoms when the medical treatment is terminated or the preservative treatment is provided.

A decision shall be made in a state where it has continued for at least six months without aggravation or defense.

(2) If the disability is not specified in the attached Table 2 of the Decree, it is the largest invalidity grade table in the attached Table 2.

similar invalidity grades shall be determined.

(3) In determining invalidity grades as referred to in paragraph (2), the degree of invalidity by parts of the disability, both sides, and the degree of disability by parts of the body, and the old.

The ratio of loss of power, etc. shall be comprehensively considered.

[Attachment 2] Criteria for determining invalidity grades by physical parts (related to Article 23)

6. Disability, such as chest clothes and organs;

A. General Principles

The degree of disability of chest clothes, etc. shall be calculated by integrating the content and condition of the relevant disability and the rate of loss of labor force resulting therefrom;

The matters shall be determined.

(b) Sponsor long-term disability;

(1) In attached Table 2 of the Decree, the term “scarbing long-term disability” means the heart back, closed labing, and click labing, labing, labing and disguised labing;

It may be proven in various ways, such as the head of the complaint, 200, written bags, written bags, dyphos, dypiums, dypiums, dypiums, light, etc.

It means that the change is recognized as well as the failure of the function is proved.

(5) A person whose ability to work is only 1/4 of the average average of the personnel due to a short-term disability, or the middle limit (a serious)

A person who is in the state of serious scarcitys, serious scarcitys, or serious scarcitys of the degree of the serious scarcitys;

Subparagraph 3 shall apply.

(6) The person whose ability to work is less than one half of the average average person due to a scarcity disorder or chronic reargument; and

In the state of fluoral typosis, severe bluoral fluoral typosis, severe bluoral typosis or severe fluoral typosis;

Any person shall be governed by subparagraph 5 of class VII.

(7) The extent of occupational ability to be employed on account of a scarbing long-term disability, which remains to a certain extent;

A person of a significantly limited level or of light (e.g., salutism), salutism, salutism, salutism, salutism, salutism;

A person with a heart disorder shall be governed by class 11 of class 9.

(8) Persons whose labor ability remains to a certain extent but whose labor is likely to be impeded due to a chest-and-long disability;

Subparagraph 11 shall apply.