If a person dies due to the aggravation of his/her cumulative fault in performing public duties, whether the person’s compensation for bereaved families’ compensation is claimed (affirmative)

If a public official dies with liver and livering as a result of rapid aggravation of his/her disease (a tribunal for a liver disease) due to cumulative physical or mental problems in the performance of official duties, the disposition demanding the payment of bereaved family compensation by the Public Official Pension Management Corporation on the application of the bereaved family is unlawful.

Article 61 of the Public Officials Pension Act

Supreme Court Decision 89Nu6648 delivered on February 9, 1990

Attorney Su Young-young et al., Counsel for the defendant-appellant

Public Official Pension Corporation

Seoul High Court Decision 88Gu9437 delivered on June 2, 1989

The appeal is dismissed.

The costs of appeal shall be assessed against the defendant.

Examining the evidence stated by the judgment below compared with the records, the court below recognized that the plaintiff's husband's death was caused by the rapid aggravation of the disease due to physical and mental pain accumulated in the deceased's official duty, and that the plaintiff's regular health examination for public officials in 1986, when he was judged to have been in charge of outpatient disease after receiving the judgment of the judgment of the judgment of the court below, he went to work early and late at night, and went to the first Si/Gun budget planning work from July 16, 1987 to August 25, 1987, after completing the first Si/Gun budget planning work, and after undergoing hospitalized treatment from Sep. 21, 197, he was receiving hospital treatment from Dec. 1, 199, and recognized that it was deceased due to the death of the disease rapidly due to the plaintiff's husband's husband's injury, and that the disposition of the defendant's compensation for survivors was unlawful, and therefore, the judgment below's judgment of the court below is not acceptable.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-sung (Presiding Justice)