2011Guhap3272 Revocation of Disposition of Disapprovald's Compensation for Survivors

A

The Government Employees Pension Service

June 22, 2012

July 20, 2012

1. The plaintiff's claim is dismissed.

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

The defendant's disposition of rejection of compensation for bereaved families of May 31, 2010 against the plaintiff shall be revoked.

1. Details of the disposition;

A. On March 1, 1986, the Plaintiff’s husband B (CB, hereinafter referred to as “the Plaintiff’s husband”) was appointed as a national tax official and was working at the tax office, etc., the Plaintiff died at his own house located on the 22th apartment floor, around 209, and around 05:30.

B. The Plaintiff filed a claim for the payment of bereaved family's compensation with respect to the Defendant, alleging that the death of the deceased was caused by overwork and stress, and that it was caused by sudden suicide. However, on May 31, 2010, the Defendant rendered a decision on the payment of bereaved family's compensation on the ground that the death of the deceased was not due to his duty, but due to external factors, such as an resistant salivism or a person suffering from stress sensitively reaction, not due to stress, and that the death was caused by intention rather than by his occupational reason (hereinafter referred to as the "disposition in this case").

Facts without dispute over the basis of recognition, Gap evidence 2, 3, 5, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

As the deceased was in a strong character of peace and responsibility, he was engaged in a strong family life, personal relations, and there was no financial difficulties. On October 27, 2008, the deceased was transferred to the leader of the Busan Regional Tax Office DDE and F System (hereinafter referred to as the “F System”). In particular, on September 1, 2009 due to the reorganization of the organization on September 1, 2009, four employees, including the deceased, and three employees of G countries were mobilized, and the task force analysis team of the material and distribution process (hereinafter referred to as the “exclusive team”) was organized. The three employees of G countries were not working at the exclusive team, and three employees of G countries were under significant stress on the deceased’s duty due to excessive increase in the number of duties and the sense of responsibility as a manager. Accordingly, the causal causal relation between the deceased and the death of the deceased should have been caused, and thus, the suicide and the death of the deceased should have been cancelled.

(b) Fact of recognition;

1) Career and performance of duties of the Deceased

A) Since the Deceased’s entry into the National Tax University in 1986 and became peculiar to Grade 8 national tax officials, he had been working in the Ministry of Home Affairs in Seoul, etc., and continued to work in Busan Regional Tax Office in 1991 and had been moved to Busan Regional Tax Office in October 27, 2008.

B) The FJ consists of four members, including the network proposal, H. I, and J. The main duties of the FJ include the survey on the purchase of recycled waste resources by the operator of the scrap metal business, the examination on the materials of new types advertising, and the survey on the support fees for the issuance of false national tax invoices, such as "the examination on the purchase of recycled waste resources", "the materials of new types advertising", and "petroleum products," and include both information collection, investigation, on-site investigation, prosecution investigation, mutual assistance, psychological analysis, etc.

C) As a result of the reorganization of the Busan Regional Tax Office, a team consisting of 4th September 1, 2009 and 3 staff members of the Busan Regional Tax Office (K, L, and M) were organized under the G Bureau. Since the temporary reorganization was made, the FF employees were issued a form of issuing a job support to the G Bureau while maintaining their current positions.

D) Accordingly, the Deceased was additionally engaged in the analysis of distribution process, which is the duties of the dedicated team, in addition to the existing duties. At the same time, three employees of the G State, who became the team members, have not completed the existing investigation duties, making 4 staff members of the FN to be in fact engaged in the existing duties and new duties of the dedicated team. Accordingly, the Deceased, as the team leader, has to make a business report to both the Director-General and the Director-General.

2) The circumstances around death

A) The Deceased worked at the end of 7:30 and retired from work at the end of 20:0, and the Deceased worked at the end of 204 hours from September 1, 2009 to September 29, 2009, which was the date of death (H is 118 hours, 19 hours, and 102 hours at J.).

B) Although the Deceased had a talk about usual chills or camping districts, there was a lot of time for the Deceased alone due to a significant decrease in the number of horses around the time of death, and all conversations related to the work were always conducted. The Deceased said, after being in charge of the task of the task of the task of the task of the exclusive team, that “the most difficult to kill because he/she would not recruit the staff.” Since being in charge of the task of the exclusive team, he/she did not have a good concentration due to business stress, and it was difficult to have a long time to sit on the job (H).

C) On November 14, 2009, the deceased, on the 14th day of death, 2009, she was engaged in the post-maring and mountaining of the same text, and "I will leave the same place of tax office with hard and stressed stress." On November 16, 2009, the deceased said that "I cannot leave the same place of tax office because of the excessive number of the subordinate employees" while performing the duties of the subordinate employees at the office around November 16, 2009.

D) The Deceased engaged in a clean work to the extent that he was well-brupted, and who was able to do so. Around the time of death, the content of different documents were bound in the same file and the storage status was recorded in the same file and showed a different form that is different from the attitude of his work (hereinafter referred to as the same fees).

E) From the end of October 2009 to the end of the middle of November 2009, the Deceased purchased and taken a water surface guidance system at a pharmacy because he was unable to sleep well, and thus, he did not have any effect. The deceased showed symptoms, such as severe outbreak, paralysis, early sprinking, sprinking, depression, uneasiness, and physical decrease, and so forth, the deceased left a hole as he left the house, and she was only carried out in the nearly short amount due to the lack of winding, and three months of leave of absence (the Plaintiff).

F) The Plaintiff, a wife of the Deceased, did not have a house in Seoul as a matter of the university entrance of the deceased’s children on the day before the death of the deceased, and the deceased died with his father’s her son and son’s son, together with his son and son’s son’s son and son’s son.

G) On November 28, 2009, 10 hours before the Deceased committed suicide, the Deceased sent to H, a subordinate staff, a handphone, the content that “ thoroughly lowers the process of the investigation on a monthly day” by using the handphone text messages.

H) On November 28, 2009, the deceased’s father’s wife discovered the deceased’s statements on his book, and on November 28, 2009, the dialogue between the deceased and the Plaintiff on the work stressed by the deceased and the Plaintiff was considered to read and divide the books and left away. The deceased visited his room around 23:30 on November 28, 2009. On the following day, around 05:30, the deceased fell from the apartment and was found on the ground below the Plaintiff’s window, and the window was opened at the time of discovery.

I) The contents of the material containing the deceased’s satis at the time of his death are as follows.

The reason why 00 p.m. death is due to stress caused by the excessive work of the office. The reason why the employee died is due to organizational reorganization is because of stress in the office. The head of the team shall not send the employee to the office, taking into account whether he issues the mobilization order upon the issuance of the order, and the date of the order, and the head of the team shall not send the employee, and the head of the team shall be able to drink only in the main office, and the day shall not be a sturb, and the day shall be an open door for whom he knows.Although the distribution process is added on the data, the open work shall be annoyed.It will be called a nethy.It is apparent that the assigned position goes to the G state, and he will give favorable treatment to the employees who live in the office at the same time.It is necessary to improve.It is clear that the office stress is due to the stress in the affairs inside the office.

3) The deceased’s character

A) The Deceased had a strong character or sense of responsibility, good faith, and exemplary employees, so much seeing whether they were not infected due to a failure to perform their duties or a mistake in the process, and had stressed in mind in order to properly handle the duties at the time prior to promotion (P).

B) The Deceased had a high sense of responsibility, carried out work properly, and did not transfer his work to another person, and was in charge of mixedly (i).

C) The Deceased, because of a somewhat resistant nature, has been used without being displayed well outside of his claim, but he was an completeer of his duties, and the surrounding area was clean (0).

D) The Deceased increased the number of years from elementary school to high school by starting 12 years, and shown a kind and model model to family members and their neighbors, and it appears to have been completed in the work, such as taking precedence over the performance of duties than home (Plaintiff).

4) Family life, etc. of the Deceased

The Plaintiff, as his wife, was the full-time supervisor, and was enrolled in a middle school and a foreign language high school. It does not seem that the Plaintiff resided in an apartment near the workplace and experienced health problems or financial difficulties.

5) Many medical opinions of the deceased, etc.

A) The deceased did not receive treatment due to a mental disease such as depression, etc., and received one time medical treatment from Hanwon on November 25, 2009, immediately before the death.

B) The result of this court's inquiry into Rinwon

On November 25, 2009, the deceased complained of the unexplosion caused by overwork and stress, and 20 days was prescribed so as to induce the body of the deceased to receive affected treatment. The physical examination, which can be readily determined by depression, was not conducted, but is believed to have been in an unexplosion while giving an unexplosion. The deceased said that the face was extracted from the unexplosion, that the breast was in the brupt, that the brupt, that the brut, that the brut, and that the brut was in the brupt, that the brut, that the brushe was in the brush, that the brut, and that the brut was in the brut, that the brut was unlocked before one week.”

C) Results of this court's response to the medical record appraisal by the chief of the hospital in the Gangseo-dong.

(1) 망인에 관한 기록을 보면 우울병을 추정할 수 있다. 짱인은 DSM-IV 의주요우울장애 판단기준 중 '흥미나 쾌감의 저하', '식욕의 감소', '불면', '피로 또는 에너지 상실', '집중력 저하', '증상이 사회적, 직업적 또는 다른 중요한 기능영역에서 임상적으로 충분한 고통을 일으킴' 등의 항목에 해당한다.

(2) The external stress or environment is not the sole original body, but rather the vulnerability to one’s own depression, i.e., the vulnerability to one’s own depression, i.e., the quality or nature of the depression. Any person, who is healthy, who is faced with depression, may be faced with unstable disorder. Generally, one’s vulnerability (e.g., quality and character) may be deemed as an excessive work.

(3) An excessive business alone is unable to commit suicide. This is involved in the ability to engage in the same-sexing, hostileism, treatment method, or response, and has an impact on current character issues, the characteristics of the quality, the development of the sex from the youth to the youth, the existence of the treatment of the depression, etc.

D) The result of the court's fact-finding on the director of the same-sex hospital

(1) Even if a person who is likely to suffer from a suicide expresses the reason for suicide, the reason is not a requisite element for inducing or promoting suicide. Generally, a person who expresses the reason for suicide is merely expressed by the parties that he/she thought as such, and thus, cannot be deemed as a cause of depression and suicide, but is naturally related. Therefore, it should not be overlooked.

(2) In the case of a job stress, the burden may vary depending on one’s own business, ② the workload and environment, and ③ the personal capacity. In this case, the volume of work shall be presumed to have been borne by the Deceased, and the contributions of approximately 1/3 to 1/2 may be presumed. However, an individual’s capacity, general living stress, personal conflict or problems, quality, character, characteristics, disease, etc. may be connected, and it may be determined accurately by all of them.

(3) 우울병은 개인의 병에 대한 취약성이 높은 경우 스트레스가 작동하여 발병하게 되며, 일단 발병하게 되면 병가를 내고 직장을 쉰다 해도 해결되지 않으므로(약 간의 증상이 호전될 수 있을 뿐이다), 약물치료, 정신치료, 인지치료 등 우울병 치료를 해야 한다.

(4) If the Deceased’s treatment of a euthanasia could vary, but the Deceased’s treatment was conducted due to his or her failure to provide treatment, and thus, the Deceased committed suicide with suicide accidents (marction), fluence, and impulses together. The suicide accident, maternity is independent of occupational stress, and the maternity may affect the character of stress or stress.

(5) The U.S. patients commit suicide throughout their life at approximately 10 to 15%, and if they do not receive medical treatment, they are highly likely to have a high probability, and thus, they are entitled to active medical treatment.

【In the absence of dispute, Gap 5, 6 evidence, Eul 7-1 through 7, Eul 8-1 through 21, Eul 8-3, Eul 4-1, 2, Eul 5-5 through 8, Eul 9-1 through 3, Eul 10, Eul 12-1 through 4, Eul 14, 15, and 15, each fact-finding result of this court's fact-finding with respect to the plaintiff, the result of this court's entrustment of medical record appraisal to the director of Gangwon-dong Hospital, the result of fact-finding, the witness, Eul's testimony, and the whole oral argument.

1) The term "occupational accident" refers to an injury, disease, physical disability, or death of an employee who was caused by his/her duties while performing his/her duties. As such, there should be a causal relationship between his/her duties and disaster. The existence of such causal relationship must be determined not by the medical and scientific proof but by the existence of proximate causal relationship from a normative point of view. As such, the worker's without his/her entry into a suicide caused a disease, occupational or stress on the main cause of the disease, and it can be presumed that the disease was caused by his/her mental disorder or mental distress, or that there was a significant decline in his/her normal perception or behavior, and that there was a proximate causal relationship between his/her duties and the death (see, e.g., Supreme Court Decisions 93Nu13797, Dec. 14, 1993; 200Nu139393, Jun. 39, 199).

2) In full view of the evidence and the overall purport of the arguments as seen earlier, the deceased appears to have suffered mental burden and stress due to the duties aggravated by reorganization as the team leader of the exclusive team. However, in light of the following circumstances, solely on the ground that the deceased’s work volume rapidly increased around the time of his death, the depression was caused by an excessive occupational stress to the degree that it is difficult to accept and overcome as an average worker, and further, it is difficult to see that the depression was caused by the mental disorder or mental distress, or by the mental disorder whose normal perception or ability to choose action, or the mental suppression capacity is significantly deteriorated. Ultimately, it is difficult to recognize a substantial relationship between the deceased’s work and the suicide, and the death of the deceased cannot be deemed as an occupational accident.

A) For three months after the formation of the exclusive team, the deceased’s overtime work hours are about 70:0 p.m. monthly average, and during that period, the deceased worked at around 07:30 p.m. without a large change in working hours and retired at around 20:00 p.m., and five times at the end of the week. In light of the deceased’s working hours only, it does not seem that the deceased’s overtime work is too excessive to the extent that it is difficult for ordinary workers to commit suicide.

B) According to the medical opinion, although the outbreak of depression is presumed to have been presumed to have been caused to the deceased, it is difficult to see that, even if the task performed by the Plaintiff is in excess of the task performed by the Plaintiff, it is a direct cause for the deceased, because the external stress case or the environment is not a sole cause, but the vulnerability to be inflicted on one’s depression, namely, the vulnerability to be inflicted on one’s own depression, so even if it is an external stress environment, anyone who is healthy and is able to be suffering from depression, and anyone may be suffering from anxiety.

C) Although the deceased prepared a written statement that he/she committed suicide due to work stress, it is only the cause of suicide that the deceased thought, and it seems medically that such a written statement does not constitute a requisite element to induce or promote suicide due to depression.

D) Since the Deceased was of a in-depth and in-depth nature, and there was a tendency to pursue complete barriers to his duties while being aware of others, it seems that the Deceased was vulnerable to stress and passive treatment of appraisal in order to solve it.

E) As the Deceased was ordered as a team in the F sector, he/she has maintained the existing duties together with the existing researchers, and additionally bears the analysis of the distribution channel, which is one of the same kind of duties. As such, there was no change that the Deceased would suffer from sudden stress in the contents of duties or the work environment, except for the increase in the workload.

F) Even though the Deceased was aware of the symptoms that appear to be the index of the depression disorder, such as the fall of the desire, the bathing, the reduction of the influence, and the decrease in the concentration of force after becoming the team leader of the task force team, it seems that the disease of depression has deteriorated due to the failure to take measures to resolve the disorder, such as taking medicines upon diagnosis of the depression and taking medical treatment.

G) The Deceased’s death day is Sundays, and the Deceased took a break at the house even on the Saturday preceding the said day. In particular, on November 2009, the Deceased worked once on Sundays and did not work for a day other than a day-time work, and most of the working days were retired from work between 18:00 to 19:00, and there is no circumstance such as that the Deceased was sent to a high-level work difficult at the time of death.

H) In light of the fact that the deceased had already been prepared on the day before the deceased’s suicide, the deceased appears to have been preparing for suicide. Therefore, it cannot be deemed that the deceased’s normal perception or behavior selection capacity has resulted in a contingent suicide in the state of a mental disorder with a significant decline.

3. Conclusion

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

Awards and decorations for judges;

Judges Hanwon-won

Judges Kim Tae-hee