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

The grounds of appeal are examined.

1. According to the reasoning of the first instance judgment cited by the lower court, the lower court rejected the Plaintiff’s claim seeking compensation for bereaved families, on the ground that, even though it is recognized that the deceased’s husband B (hereinafter “the deceased”) committed suicide during the course of medical treatment due to an injury or disease inflicted on official duty, it cannot be found that proximate causal relation between official duties

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

“A public official’s disease” under Article 61(1) of the former Public Officials Pension Act (amended by Act No. 10984, Aug. 4, 2011; hereinafter the same) refers to a public official’s disease that occurs during the performance of his/her official duties, and thus, there is a proximate causal relation between the occurrence of the disease and the public official’s disease.

The causal relationship is proved by the assertion of it, but even if it is not necessarily proved by medical or natural science, if the proximate causal relationship is recognized from the normative point of view, it should be viewed as proved.

Therefore, in a case where a public official commits suicide, a proximate causal relation can be acknowledged between the official and the death when a public official is presumed to have committed suicide in a situation where the normal perception ability, choice ability, mental suppression ability, or considerable decrease is impossible due to the occurrence of a disease on official duty, or overwork or stress overlaps with the main cause of the disease.

In addition, in order to recognize such proximate causal relationship, comprehensive consideration should be given to the degree of illness or post-treatment of the person who committed the suicide, general symptoms of the disease, period of medical care, possibility of recovery, age, physical and psychological conditions, surrounding circumstances of the person who committed the suicide, and circumstances leading to the suicide

B. The court below cited.