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(영문) 대법원 2015.07.09 2014두1901
유족보상금지급부결처분취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal on the proximate causal relation between official duties and death, (1) “Death due to a disease or injury incurred in performing official duties, which constitutes the requirement for payment of bereaved family’s compensation as prescribed by Article 61(1) of the former Public Officials Pension Act (amended by Act No. 10894, Aug. 4, 2011), refers to a disaster that occurred in relation to official duties, and thus, there is a causal relation

In this case, the causal relationship shall be proved by the assertion of it, and the method and degree of the proof shall not be necessarily proved by direct evidence, and it is sufficient if it is proved to the extent that the proximate causal relationship between official duties and diseases can be inferred by indirect facts, such as the health conditions at the time of employment, the existence of existing diseases, the nature of work engaged and the working environment of the relevant public official on the basis of the health and physical conditions of the relevant public official, and whether or not the same disease of other public officials working at

(see Supreme Court Decision 2012Du25880, Apr. 11, 2013). Therefore, in a case where a public official died due to a suicide, there is a proximate causal relation between official duties and death when it can be inferred that a disease was caused due to official duties, or excessive stress on official duties overlaps with the main cause of the disease, resulting in the occurrence of a disease, or that the disease was caused by lack of normal perception, capacity to choose an act, or ability to suppress mentally, or significantly drop the mental control, and that a reasonable judgment could not be expected due to such disease.

In addition, in order to recognize such proximate causal relationship, the disease or symptoms of the person who committed suicide, general symptoms of the disease, the period of medical care, the possibility of recovery, age, physical and psychological situation, the surrounding circumstances of the person who committed suicide, and the developments leading to the suicide.

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