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(영문) 대법원 1978. 9. 26. 선고 78누194 판결
[공무상요양승인신청부결처분취소][공197812.15.(598),11124]
Main Issues

A causal relationship between official duties and disaster where a person with a prior Cheongsung disease dies in the course of his/her duties.

Summary of Judgment

If the level of post office level with the illness, which is the pre-traffic connection that may cause or deteriorate the symptoms due to the illness or excess in the course of performing his duties, is about to be unknown due to the stroke of the night duty, and after the death, there is a causal link between the above public duty and the disaster.

[Reference Provisions]

Article 77 of the State Public Officials Act

Plaintiff-Appellee

Plaintiff 1 and five others, and the above 2 through 6 are minors, and the legal representative parent Plaintiff 1 is the legal representative parent.

Defendant-Appellant

Minister of Government Administration

original decision

Seoul High Court Decision 77Gu389 delivered on April 25, 1978

Text

The appeal is dismissed. The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

According to the judgment of the court below, the court below recognized the purport that the non-party who worked at the ○○ post office level was sick, which was caused by the lack of part of the brain beer, which may cause symptoms due to the thale or over, and the symptoms of this may worsen. The non-party, as specified in the reasoning of the judgment below, whose duties were excessive, and whose consciousness was unknown as it was shut down during the night duty on October 26, 1976, and died on November 23 of the same year, and the remaining person's water level was only two of the above post offices, and even under the health condition where the above non-party was reduced, the water level of the above non-party would continue to work every day, and it was inevitable to continue to work for 24 hours, and this is due to the cumulative excess of the order of the above person. In light of the above fact-finding process, the judgment of the court below did not err by misapprehending the rules of evidence and failing to exhaust all necessary deliberations, and it did not err in the judgment of the court below.

Justices Yang Byung-ho (Presiding Judge)

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