The case holding that it cannot be presumed that chronic hepatitis B, which is an existing disease of the deceased, rapidly aggravated beyond natural progress, solely on the ground that the deceased was somewhat excessive or stressed in the course of performing his/her duties.

Article 61 (1) of the Public Officials Pension Act

Plaintiff (Law Firm Western, Attorneys Song-hee et al., Counsel for the plaintiff-appellant)

Public Official Pension Corporation

Seoul High Court Decision 2007Nu4324 decided September 21, 2007

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

The grounds of appeal are examined.

Although the court does not necessarily necessarily follow the medical professional's appraisal or opinion in determining a causal relationship, the chronic hepatitis B, which is the existing disease of the deceased of this case, has gone through the process different from the natural progress of the chronic hepatitis due to occupational path or stress, or has rapidly deteriorated above the natural progress speed, the medical knowledge or opinion confirmed by the medical research results up to now, and according to the general medical opinion, chronic hepatitis B is only dependent on the medical knowledge or opinion confirmed by the medical research results up to now. According to the general medical opinion, it is more likely that there is no overwork or stress and clinical aggravation without overwork or stress, and there is no ground to prove that overwork or stress itself has caused the outbreak or aggravation of the liver disease. Accordingly, unlike such general medical opinion, with respect to the fact that it has deteriorated more than normal cases due to the deceased's occupational path or stress, it shall be sufficient to prove it at least to the point of assertion.

According to the reasoning of the judgment of the court of first instance cited by the court below, the court of first instance recognized the facts of the judgment after compiling the adopted evidence, and in light of the circumstances as stated in its reasoning, even if the deceased dealt with a reagents containing some cancer while working as an environmental investigator, even though it is somewhat excessive, stress, or working as an environmental investigator, such circumstance alone alone makes it impossible to presume that the deceased's hepatitis B becomes worse rapidly beyond the general progress, and thus, the court below rejected all the plaintiff's assertion. The judgment of the court below and its determination are acceptable, and there is no violation of the rules of evidence or incomplete deliberation, etc. as alleged in the grounds of appeal.

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 Shin Hyun-chul (Presiding Justice)