1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for adding any supplementary judgment below, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

2. The supplementary judgment (1) requires a causal relationship between the public official’s disease and the disease caused by the disease during the performance of his official duty. However, even if the main cause of the disease is not directly related to the official duty, if the disease resulted in the overlap with the main cause of the disease, the causal relationship should be deemed to exist. In determining whether there is a proximate causal relationship between the official duty and the death, not the average, should be determined based on the public official’s health and physical condition.

(See Supreme Court Decision 93Nu19030 Decided February 25, 1994; Supreme Court Decision 2005Du15373 Decided September 8, 2006; Supreme Court Decision 2010Du8553 Decided August 19, 2010; etc.). (2) We examine this in accordance with the aforementioned legal principles.

Comprehensively taking account of the evidence submitted in the first instance trial and the result of the commission of the examination of medical records to the head of a wood hospital attached to the Egyman University of the Egyman University of this court, the following circumstances acknowledged based on Gap evidence No. 20 and the overall purport of the arguments, the death of the deceased is recognized as a proximate causal relationship between official duties and his death, etc. as a result of the overlap with the deceased’s physical condition.

Therefore, the instant disposition based on the premise that the deceased’s death does not constitute an occupational accident is unlawful.

① On July 10, 2012, the Deceased appeared to work and died during working hours. The Plaintiff, as the wife of the Deceased, stated in the police investigation that, immediately after the Deceased’s death, the Deceased was not a bad health but was in a bad condition.

(2) The deceased shall be employed by the Busan Regional Employment and Labor Agency.