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(영문) 대법원 1992. 2. 25. 선고 91누8586 판결
[유족보상금지급거절처분취소][공1992.4.15.(918),1184]
Main Issues

The case holding that if a public educational official who has been healthyly employed is presumed to have died of the heart at a hospital during his/her physical or mental surgery due to his/her duties, even though there is no accurate medical path causing the heart paralysis, it constitutes "when he/she died of a disease due to his/her official duties".

Summary of Judgment

The case holding that if a public educational official who has served as a teacher of a national school and has been promoted as the principal, has been in a state where it is impossible to make almost normal daily life due to physical or mental disorder because of accumulatedness in the course of performing duties, such as construction work of a school meal center, in addition to ordinary duties, during one year, he/she was in a state where he/she was unable to make normal daily life due to physical or mental disorder, and where he/she was in a state where he/she was unable to make physical or mental disorder, and where he/she was in a state where he/she was in a state where he/she was in a state where he/she could not make normal daily life due to physical or mental disorder, even though he/she did not know that he/she was in the heart, even though he/she was in a state where he/she was in a state before he/she was in a hospital

[Reference Provisions]

Article 61 of the Public Officials Pension Act

Reference Cases

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Domin, Attorneys Park Jae-soo and 1 other, Counsel for plaintiff-appellant-appellant-appellant-appellant-appellant-appellant-Appellee)

Plaintiff-Appellee

[Judgment of the court below]

Defendant, the superior, or the senior

Seoul High Court Decision 200Na1488 delivered on August 1, 200

Judgment of the lower court

Seoul High Court Decision 90Gu13682 delivered on July 11, 1991

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

We examine the grounds of appeal.

As duly admitted by the court below, the deceased non-party 1 worked as a teacher of a national school for more than 30 years and has been promoted from September 1, 1986 to have been healthy. For a year of 1989, expenses for the designation of a school clinic have been prepared in addition to ordinary duties as the principal of a school of the Nakdongdo National School, and in particular, from around B of the same year to February 1990, the construction of a school clinic has been conducted with the aim of completing the construction of a school site for the purpose of the completion of February 25, 1990, which led to cumulative illness, and led to almost normal daily life due to physical and mental problems around January 25, 199, and there was no particular diagnosis or treatment due to the relationship between the abortion and its work, and if it is presumed that a public official died while taking a bath before the death of the hospital due to the death of the deceased, the judgment below did not err by misapprehending the legal principles as to the deceased's physical and mental reason.

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)

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심급 사건
-서울고등법원 1991.7.11.선고 90구13682
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