The meaning of death due to diseases caused by official duties prescribed in Article 61 of the Public Officials Pension Act

As stated in Article 61 (Survivor’s Compensation) of the Public Officials Pension Act, the death of a disease caused by an official duty should have a causal relationship between the disease caused by the official duty and the death, because it means the case where the public official died of the disease caused by the official duty while performing his/her duties. However, even if the main cause of the disease is not directly related to the official duty, if the disease overlaps with the main cause of the disease and is caused or aggravated due to the excessive performance of his/her duties, it shall be deemed that there exists a causal relationship. Moreover, the disease caused by the excessive performance of his/her duties shall also include the basic disease that can be ordinarily performed

Article 61 of the Public Officials Pension Act

Supreme Court Decision 82Nu226 Decided October 11, 1983 84Nu23 Decided January 22, 1985

Plaintiff

Public Official Pension Corporation

Seoul High Court Decision 86Gu254 delivered on August 22, 1986

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

As stated in Article 61 (Survivor’s Compensation) of the Public Officials Pension Act, the death of a disease caused by a public official on duty requires a causal relationship between the disease caused by the public official’s death and the disease caused by his death in the course of performing his official duties. However, even though the main cause of the disease is not directly related to his official duties, if the disease overlaps with the main cause of the disease and is caused or aggravated, it should be deemed that there exists a causal relationship. Moreover, the disease caused by the excess includes the basic disease that can be ordinarily assigned to ordinary service or the case where the existing disease becomes worse rapidly due to the excessive performance of his official duties (see Supreme Court Decision 84Nu23, Jan. 22, 1985; Supreme Court Decision 82Nu226, Oct. 11, 1983, etc.).

According to the reasoning of the judgment of the court below, the court below determined the period of service, the nature of work, the medical history and the private person, etc. as stated in the judgment of the deceased non-party based on evidence, and accepted the plaintiff's claim by deeming it as a death caused by a disease caused by official duty. In light of the records, the court below's fact-finding and judgment are just and there is no error of law by misunderstanding the legal principles

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the defendant. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Byung-su (Presiding Justice)