[1] In a case where a soldier or a police officer committed suicide during medical care due to an occupational disease, whether there is a proximate causal relationship between official duty and death and the method of proving

[2] The case holding that there is a proximate causal relationship between the depression caused by the performance of official duties by a combat aircraft pilot and suicide

[1] A causal relationship between a worker's work and a worker's death or between a disease and a death caused by a disease must be proved by the assertion. However, the causal relationship is not necessarily required to be proved clearly by medical and natural science, but it should be proved even if there is a proximate causal relationship between the work and the disease or death in consideration of all the circumstances. Thus, in a case where a worker committed suicide during the course of a worker's medical care due to an occupational disease, the causal relationship should be acknowledged if it can be presumed that there is a proximate causal relationship by comprehensively taking into account the degree of the suicide or aftermath, the general symptoms of the disease, the period of medical care, the possibility of recovery, the age, physical and psychological conditions, the surrounding circumstances faced by the suicide, the surrounding circumstances leading to the suicide, and the above legal principle also applies to determining whether the death of a soldier or a police officer was caused by a disease caused by an official duty under Article 4

[2] The case holding that there is a proximate causal relationship between the depression and suicide by the pilot on duty of a combat aircraft operator

[1] Article 4(1)5, Article 6(1) and (2) of the Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State, Article 3-2 subparag. 4 of the Enforcement Decree of the Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State, Article 4 subparag. 1 of the Industrial Accident Compensation Insurance Act / [2] Articles 4(1)5, 6(1) and (2) of the Act on the Honorable Treatment of and Support for Persons of Distinguished

[1] Supreme Court Decision 93Nu13797 delivered on October 22, 1993 (Gong1993Ha, 3189), Supreme Court Decision 93Nu9392 delivered on December 14, 1993 (Gong194Sang, 377)

Plaintiff (Attorney Yoon Jae-chul et al., Counsel for plaintiff-appellant)

The Head of the Seoul Northern Branch Office

Seoul High Court Decision 97Gu45930 delivered on January 28, 1999

The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. The lower court acknowledged the following facts based on the evidence produced therefrom.

가. 원고의 남편인 소외 망 소외 망인은 1986. 2.경 공군 소위로 임관하여 1994. 6.경 소령으로 진급한 후 1995. 10. 30.경까지 공군 제10전투비행단 제39전대 제131비행대대에서 팬텀기조종사로 근무하다가 같은 날 제3훈련비행단 213비행대대로 전출되어 제2중대장으로 근무하여 왔다.

B. On May 11, 1996, the Deceased committed suicide by a stoxi and the left-hand hand knife at the office room, among those who were diagnosed by a stove, after moving into the 213 Flight Team.

다. 망인은 제10전투비행단에서 팬텀기조종사로 근무하면서 조종실력 기타 근무성적이 우수하다고 인정받아 1994. 12. 23. 합동참모의장 표창을 받았고, 전자전 과정 해외연수 대상자로 선발되어 미국 공군에서 1993. 2.부터 1993. 8.까지 연수를 받는 등 조종사로서 강한 자부심과 자신감을 가지고 있었으나, 제3훈련비행단으로 전출되어 교육훈련대대인 제213비행대대 2중대장으로 근무하게 된 후로는, 계급간의 위계질서가 엄격하였던 제10전투비행단과 달리 제3훈련비행단은 계급이 아닌 부대 전입순서에 따라 보직이 결정되어 후배 장교들이 망인의 지시를 잘 듣지 않았고, 교육용 기종인 T-37기의 시트가 잘 맞지 않아 조종에 불편을 겪다가 전입 직후 교관으로서의 자격을 검증하는 연성평가에서 탈락되어 후배들 앞에서 평가관으로부터 '대위보다 못하다', '형편없다'는 등 질책을 받는 등으로 인하여 심한 좌절감에 빠지게 된 데다가, 연성평가의 재평가 준비를 하면서 실추된 명예를 회복하기 위한 심리적 부담이 가중되어 불면증과 집중력이 떨어지는 증세가 생기게 되자, 1996. 3. 26.경 신경정신과의원에서 진료받은 결과 우울신경증으로 진단되어 치료를 받게 되었고, 같은 해 4. 10.경부터는 부대의무대에서 우울증에 따른 치료를 받아 왔다.

D. After that, the Deceased stated the above symptoms through the vertical interview with the head of the unit to which he belongs, but was not defended. On May 8, 1997, the third training flight commander recommended the Deceased to work in a department with less work burden until the Deceased was interviewed and the health was restored, and then he changed his assignment to the head of the base operation office on May 13, 1997, which is Saturday, and the Deceased committed suicide at the office of office after the change of assignment became final and conclusive.

E. The deceased did not have any circumstance other than those related to the above work, and as to the cause of depression of the deceased, the pathicianianian who treated the deceased, judged that the cause of environmental adaptation caused by the movement of the deceased’s work place was the cause of the occurrence. The psychiatrist and the military medical officer determined that the deceased, who did not refuse to leave others and did not recognize one’s minor loss, has developed a severe eulcium caused by the decline in the 213 unit transfer from the eulic evaluation.

F. The general length of depression in medical science is the loss of intent, self-esteem, influence, loss of enjoying, eating, humpinging, uneasiness, and occurrence of suicide accidents. The symptoms of depression before the Deceased’s suicide accident, other than severe amnesty, have occurred, but it was a situation to the extent that there was no problem in flight unless it is serious enough for pain treatment to the extent that it is possible.

G. In the case of ordinary depressions, six months or one year’s medical treatment is required, and the deceased was excessively lost that the symptoms are not rapidly boomed, and the degree of responding to the military doctor’s treatment was lower.

H. The Mental Health and Medical Officers presumed the Deceased’s suicide motive to be a self-harmide caused by sudden increase in the sense of loss in respect of the preexisting depression accidents and symptoms in which the Deceased’s suicide is not promptly recovered.

I. On July 23, 1997, the Plaintiff asserted that the deceased constituted a soldier or policeman who died on duty under Article 4(1)5 of the Act on the Honorable Treatment of Persons, etc. of Distinguished Service to the State, and filed an application for registration of bereaved family members under Article 6(1) of the Act on the Honorable Treatment of and Support for Persons, etc. of Distinguished Service to the State. However, the Defendant rendered a disposition rejecting the said application on the ground that the deceased’s suicide in the office of work after deliberation and resolution by the Board of Patriots and Veterans under Article 6(2) of the Act constitutes “self-injury”

2. The judgment of the court below

The court below held that the defendant's refusal of the deceased's request for the register of bereaved family members of a person who has rendered distinguished services was unlawful, despite the fact that the deceased's depression was caused by a disease caused by official duty and caused the death of the deceased as a symptoms deepening the above depression, and there is a proximate causal relation between his official duty and the death. Although the deceased's death was a result of the above depression, which is a disease caused by official duty, it cannot be viewed as self-injury based on the normal and free will of the deceased. Thus, although the deceased's death was recognized as a death on duty under Article 4 (1) 5 of the Act, it is difficult to recognize that the defendant's refusal of the deceased's request for the register of bereaved family members of a person who has rendered distinguished services to the State was unlawful. In general, it is difficult to find that there was a reasonable causal relation between the deceased's suicide and the deceased's death under Article 4 (1) 4 of the Enforcement Decree of the Act, in light of the above circumstances, since it can not be seen as a reasonable causal relation between the deceased's death and the deceased's death.

3. Judgment of the Supreme Court

Although the causal relationship between a worker's work and a disease or death caused by a disease should be proved by the assertion of the causal relationship, the causal relationship should not be necessarily proved in medical and natural science, but it should be proved even in cases where there is a proximate causal relationship between work and a disease or death, considering all the circumstances. Thus, in cases where a worker commits suicide during medical care due to an occupational disease, the Supreme Court's position that the causal relationship should be recognized if it can be presumed that there is a proximate causal relationship by comprehensively taking into account the degree of the disease or aftermath, the general symptoms of the disease, the period of medical care, the possibility of recovery, the age, physical and psychological conditions, the surrounding circumstances surrounding the suicideer, and the circumstances leading to the suicide (see, e.g., Supreme Court Decisions 93Nu9392, Dec. 14, 1993; 93Nu13797, Oct. 22, 1993). Such legal principle also applies to the determination of whether a soldier or a police officer died in the line of duty under Article 4(1).

However, as recognized by the court below in this case, the causal relationship between the deceased's official duties and the above depression that the deceased suffered, without any circumstance that may cause psychological burden on his/her body other than the work related to his/her duties, should be presumed to be conjection. In addition, the court below also recognized that the occurrence of suicide is included in medical depression, such as bath loss, self-esteem, unfluence, loss of enjoying, eating, uneasiness, etc., and even according to the records, friendly symptoms are emotionally and open if they are light and open, and have no desire to commit suicide and open, but even if they appear to be unable to be able to cause suicide, it is found that the deceased's mental or physical disorder has occurred, and that there was a serious fear of harm to him/her at the time of his/her own suicide, and that it is likely to cause suicide, such as emotional harm, concern about the occurrence of suicide, mental sense or sensium, etc., and that it is likely that it might have been accompanied by his/her mental sense or sen, etc.

Therefore, as seen earlier, the court below merely found the deceased's desire to commit suicide, self-harm, and uneasiness in addition to severe pains at the time of committing suicide. However, the court below acknowledged only the fact that the deceased's suicide was not at issue if he did not have serious pains in light of reality and activity ability to the extent possible, and it did not readily conclude that the deceased's suicide was based on normal and free will, rather than by denying the causal link between depression and suicide between the deceased's above depression and suicide. Furthermore, the general progress process and symptoms of depression, and whether the symptoms of depression at the time of committing suicide led to the degree that the deceased's suicide would lead to the impulse of suicide, and as a result, it should have examined more closely, and determine whether the deceased's suicide was at the normal and free will of the deceased, thereby determining whether the causal relationship between the death and the death of the deceased and the death of Article 32 of the Enforcement Decree of the Act.

Therefore, the court below's decision to the effect that suicide of the deceased does not necessarily lead to a causal relationship with official duties and is based on the free will of the deceased shall be deemed to have committed an unlawful act by misapprehending the legal principles on causation between official duties and death, and on the meaning of self-injury as stipulated in Article 3-2 subparagraph 4 of the Enforcement Decree, and the remaining necessary deliberation. Therefore, the appeal pointing this out has a ground for appeal. In this regard, the judgment of the court below shall not be reversed.

4. Therefore, the judgment of the court below is reversed and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Seo Sung-sung (Presiding Justice)