The case holding that death caused by Madam does not constitute "Death caused by diseases caused by official duties" as stipulated in Article 61 of the Public Officials Pension Act.

As the death caused by a disease in the line of duty under Article 61 of the Public Officials Pension Act refers to a case where a public official died of a disease caused by such disease during the performance of official duties, there should be causal relations between the disease caused by the death in the line of duty and the disease caused by the death. In such a case, even though the main cause of the disease does not directly relate to official duties, if the disease overlaps with the main cause of the disease and the disease caused or aggravated, it should be deemed that the disease was in a relationship with the person in question. However, if there is no evidence to deem that the fruit in the performance of official duties of the deceased caused the death of the deceased, or that the death was reduced by the rapid aggravation of the disease, it can be a cause of the disease, and it is difficult to see that the death caused by the death of the deceased was caused by the disease in the course of performing official duties. Therefore, it cannot be deemed that the death of the deceased was a death caused by the disease in the course of performing official duties.

Article 61 of the Public Officials Pension Act

Supreme Court Decision 86Nu840 Decided April 14, 1987 (Gong1987,832) 89Nu4376 Decided February 29, 1990 (Gong190.658)

Man Jinsu

Seoul High Court Decision 200Na1488 delivered on August 1, 200

Seoul High Court Decision 89Gu6817 delivered on November 30, 1989

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

We examine the grounds of appeal.

The court below recognized the fact that the non-party 1, who is the husband of the plaintiff, was under the diagnosis that he was a member of the former North Korean office, and was hospitalized in the hospital on July 21, 198 when he worked as a teacher of the former North Korean office education and liquidation, and died on July 21, 198. The above deceased was under the diagnosis that he was under the hospital, and was under the hospital on March 2, 198. In addition to being in charge of the first half of the sixth year, he was under the first half of the year, he was under the duty without being absent from work, and he was under the normal judgment because he was not found in the health examination conducted around May 198 due to a usual and healthy part, and according to the above fact of recognition, the above deceased could have been presumed to have caused the death of the deceased with any other cause and caused the death of the deceased by making his natural deterioration more rapidly worse than that of his disease caused by official duty.

Article 61 of the Public Officials Pension Act refers to cases where a public official died of a disease caused by an official disease during the performance of his/her duties. As such, there should be a causal relationship between the disease caused by the official duty and the death. In this case, even though the main cause of the disease is not directly related to the official duty, if the disease caused or aggravated as a result of overlapped with the main cause of the disease, the causal relationship should be deemed to exist. (See Supreme Court Decision 86Nu840 delivered on April 14, 1987; Supreme Court Decision 89Nu4376 delivered on February 29, 190; Supreme Court Decision 89Nu476 delivered on February 29, 190). In this case, even according to the record, the private person of the above deceased was the above deceased, there is no evidence to deem that the above deceased caused the death of the deceased, or rapidly aggravated, and in general, it would be difficult to say that the death of the deceased was caused by the excessive disease, and the causal relationship between the deceased 26.

After all, the court below erred in the misapprehension of the rules of evidence or in the misapprehension of the legal principle on the death caused by a disease in the line of duty under Article 61 of the Public Officials Pension Act. The judgment of the court below is reversed, and the case is remanded to the Seoul High Court.

Justices Park Yong-dong (Presiding Justice)