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(영문) 대법원 2016.06.28 2015두56465
유족보상금부지급결정 취소 청구
Text

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

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. After recognizing the facts as indicated in its holding, the lower court: (a) based on general medical opinions, it is difficult to see that the overwork or stress contributed to the outbreak of acute baloneal leukosis (hereinafter referred to as “emergency balone’s disease”); (b) it is not clear as to whether the death of the deceased was caused by bullying balone’s infection; and (c) it is difficult to readily conclude that the balone’s infection was caused by overwork or stress on duty; and (d) it was accompanied by external infection of the deceased.

In light of the above, the deceased’s performance of duties during the pertinent period of time is not deemed to have caused considerable attention or stress to the deceased in light of the following: (a) it is difficult to deem that the disease caused by stress and the quantity of affected infections, etc., more important factors, such as the pathogenic disease of the infected source and the quantity of affected infections, etc.; and (b) it is difficult to see that the deceased’s over-the-counter or stress, which continued in the year 2012, aggravated the dead’s over-the-counter infection, and thus, the deceased’s over-the-job and stress, and the deceased’s over-the-job and stress, led to acute lerady or sulous infection.

It is difficult to see that a proximate causal relationship is not recognized between performance of official duties and the deceased's death.

2. However, the lower court’s determination is difficult to accept for the following reasons.

“A disease caused by official duty, which is a requirement for the payment of bereaved family’s compensation as prescribed by the former Public Officials Pension Act (amended by Act No. 11690, Mar. 23, 2013).”

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