Plaintiff (Seoul High Court Decision 200Na1448 delivered on August 2, 200)

Head of Suwon Veterans Branch Office

December 17, 2004

1. The defendant's disposition to deny the registration of bereaved family members to the plaintiff on August 29, 2003 is revoked.

2. The costs of lawsuit shall be borne by the defendant.

The same shall apply to the order.

1. Details of the disposition;

The following facts can be acknowledged in full view of the whole purport of the pleadings in each statement of Gap evidence 1 to Gap evidence 7 (including paper numbers), Eul evidence 1 to Eul evidence 8.

A. On February 1, 1981, the deceased non-party 1 (hereinafter “the deceased”), who is the husband of the Plaintiff, was appointed as the Air Force Staff, and was on duty as a noncommissioned Officer from July 1, 2002 to the 7 Air Force, Air Force, Air Force, the 7th Air Communication Electric Complex, and was found to have committed suicide in the closed building on May 26, 2003 and around 18:20 of the same month at around 16:0 and around 18:20 of the same month.

B. On July 7, 2003, the Plaintiff filed an application for the registration of bereaved family members of a person who has rendered distinguished services to the State pursuant to Article 6(1)5 of the Act on the Honorable Treatment of and Support for Persons of Distinguished Services to the State on the ground that the deceased’s death falls under the category of “self-injury” under Article 4(5)4 of the Act, and thus, the Plaintiff rejected the Plaintiff’s application for the registration of bereaved family members of a person who has rendered distinguished services to the State on the ground that it does not fall under the category of “self-injury” under Article 4(5)4 of the Act.

2. Whether the instant disposition is lawful

A. Summary of the parties' assertion

The defendant asserts that the disposition of this case is lawful on the grounds of the above disposition and applicable Acts and subordinate statutes. The plaintiff asserted that the above deceased's death was lawful on the ground that he was in charge of computer service other than the existing communication service and received considerable physical and mental stress at his excessive cost, and caused suicide by receiving hospital treatment due to mental symptoms such as severe depression. Thus, the deceased's death is not based on normal and free will, but on the birth of mental symptoms due to occupational disorder and stress. The deceased's mental illness was caused by occupational disorder and the death of the above deceased was directly caused by mental disorder and causation. Thus, the deceased's death was recognized as a death on the ground that it is difficult to view that the above deceased's death was caused by normal and free will of the deceased, but it was caused by depression that was caused by a disease that was caused by official duty, and thus, the plaintiff's application for death cannot be acknowledged as unlawful on the ground that the deceased's death cannot be included in the body self-injury of this case as a result of the above deceased's death.

B. Relevant statutes

Article 1 of the Act provides that the purpose of this Act is to provide honorable treatment for persons who have rendered distinguished services to the State who have contributed or made a sacrifice for the State and their bereaved family members, and support for the military police officers equivalent to those who have rendered distinguished services to the State, thereby promoting their livelihood stability and improving welfare, and contributing to the cultivation of patriotism of the people. Article 4(1) of the Act provides that persons who have rendered distinguished services to the State and their bereaved family members, etc. shall be given honorable treatment under this Act, and subparagraph 5(a) of the same Article provides that soldiers or police officers who have contributed or made a sacrifice for the State shall be subject to soldiers or police officers who died during education and training or in the performance of their duties (including persons who died from diseases in the line of duty), and Article 1(2) of the Act provides that the detailed criteria and scope of persons who died during education and training or in the performance of their duties

(c) Fact of recognition;

The following facts can be acknowledged in full view of the results of the examination of medical records on the Samsung Seoul Hospital's request for the examination of medical records to the head of Samsung Seoul Hospital, the witness's testimony, the copy of the 5482 Air Force of this Court, and the chief of the National Defense Waterworks Hospital.

(1) After completing the construction of the Air Force Technology High School, the Deceased was appointed as the Air Force Staff Staff Staff on February 1, 1981, and served as a noncommissioned Officer from July 1, 2002 to the Air Force Safety Team and the 30th mission control group.

(2) On July 1, 1995, the deceased’s specialty was called “radio Communications” at the time of her dispatch, and was called “Operation of Communications Equipment” due to the special adjustment on July 1, 1995. On October 4, 2001, the “Operation of Information System” was called “Operation of Information System based on the special communication and abolition of personal functions.” On the other hand, the key service was the transmission and reception of documents at the Communications Office, while the key service was peculiar to the operation of Information System was added to the operation of Information System.

(3) On July 1, 2002, the Deceased moved into the Air Force 7 Air Force 1, 2002 Air Force 7 Air Force 2002 Information and Communications Complex, which was responsible for the task of the Communications Center. In 2002, there were many concerns by causing problems, such as failure to easily resolve the equipment repair due to the failure of the equipment inspection and the equipment operation law in preparation for and training for B training. In addition, as a soldier’s training dispatch, who was in charge of the computer team, had the personnel in charge of the computer team additionally take charge of the computer team’s work from August 1 of the same year, which led to a lack of knowledge about the newly entrusted computer work, and led to physical or mental stress, such as failure to perform his/her duties, etc., due to a lack of adaptation.

(4) On December 21, 2002, the deceased visited the stage of the National Armed Forces Capital Hospital, stating that “The deceased’s knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.kn

(5) After that, on March 8 of the same year, the Deceased was punished for a violation of his/her intent to commit suicide, and on the same day, he/she was hospitalized in Pyeongtaek Marine’s department, which is anti-fluoral agents, fluoride solution, clorine, water exemption, trisium tran, trisium, risium, antipsye, etc., and was hospitalized on the 13th day of the same month by being transferred to the National Armed Forces Waterworks Hospital.

(6) At the time of being hospitalized in the National Defense Waterworks Hospital, the Deceased complained of the depression and concentration degradation as its main symptoms. The hospital, however, tried to discharge flusiums, puouss, puouss, and puouss, together with supporting mental treatment. On the 17th of the same month, the hospital did not seem to have a flusium any longer, but rather, it is likely that flusiums might have been changed to light view, such as flusiums, puouss, puouss, and puouss. After the 19th of the same month, the hospital suspended flusium’s prescription, and the deceased did not appear to have any more high flusiums or activities increase, but thereafter, the hospital complained of flusiums, puouss, and physical inconveniences, and tried to discharge them, but there was apprehensions about life after discharge, but it appears that it might have been flusiumed to observe the level of puouss.

(7) On April 25 of the same year, the Deceased was discharged on May 20 of the same year, and he was discharged from the National Armed Forces Capital Hospital, and was discharged on May 20 of the same year, and was discharged from the hospital on the same year on the same day, after having experienced difficulties in performing his duties again while working in the said Information and Communications Technology Complex, and had been under outpatient treatment several times, such as fears and early pains, self-esteems, sensitive response to nearby visions, and concern about duties. On May 26 of the same year, the Deceased was hospitalized in the National Armed Forces Capital Hospital, and after having been hospitalized in the National Armed Forces Capital Hospital, he was released from the hospital on May 20 of the same year, and was given a leave of absence from the military doctor to the Plaintiff’s desire to return to a military unit after seeking to return to the military unit. On May 23 of the same year, the Deceased continued to have been discovered at around 20 on May 16 of the same year and around 28:10 of the same year.

(8) A physical disorder, including the inserting of major eulphism, occurs by multiple psychological and social factors, such as genetic factors, changes in the contents of communication, etc., resulting in biological factors and stress. The first eulic eulic eulic eulic eulic eulic emulation, which resulted in permanent changes in brain conditions, and which leads to a recurrence easily. The symptoms led to depression, eulgic or eulic eulic eulic eulic eulic eulic eulic eulic eulc eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic eulic ec eulic eulic eulic e.

(c) Markets:

(1) Although the causal relationship between the worker's work and the death resulting from the disease or disease must be proved by the claimant, the causal relationship is not necessarily required to be proved clearly by medical and natural science, but it should be proved even if there is a proximate causal relation between the work and the disease or death in consideration of all the circumstances. Thus, in the case where the worker committed suicide during the course of medical treatment due to an occupational disease, the causal relationship should be acknowledged if it can be presumed that there is a proximate causal relation by comprehensively taking into account the degree of the disease or symptoms of the person who committed suicide, the general symptoms of the disease, the period of medical care, the possibility of recovery, the age, physical and psychological conditions, the surrounding circumstances facing the person who committed the suicide, the surrounding circumstances leading to the suicide, and such legal principle also applies to the determination of whether the death of the military police was caused by the disease caused by the occupational duty as provided by Article 4 (1) 5 of the Act.

(2) In full view of the above facts, the deceased's depression appears to have been caused by physical and mental stress due to the reduction of liability for the crime of interference with the preparation for the training, the psychological burden due to excessive work, difficulties in adaptation to new work, and the physical and mental stress due to early distress. As long as the suicide rate of a person with a well-known certificate such as the deceased is higher than normal, and in particular, it is medically proven that suicide is the most frequent when recovered from depression, and it is medically proven that the deceased's suicide was caused by normal and free will, rather than by normal and free will, it appears that the deceased's suicide was caused by depression caused by the occupational disorder and mental stress, so the deceased's death is caused by a disease in the line of duty as provided by Article 4 (1) 5 of the Act.

(3) Furthermore, Article 4(5)4 of the Act provides that the death of the deceased shall not be included in the criteria of a soldier or policeman who died in the line of duty. However, as seen earlier, there is a proximate causal relationship with the above depression that was caused by the formation of the above Maul, and it goes beyond the scope of the free will of the deceased. Thus, in such a case, the suicide of the deceased does not constitute “self-injury” under Article 3-2 subparag. 4 of the Enforcement Decree of the Act.

3. Conclusion

Therefore, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

Judges Kim Young-hun