2014Guhap62906. Revocation of a decision to pay bereaved family's compensation.

Ma○ ○

Daejeon Seo-gu Gagaero 7 Street

Attorney Kim Young-chul, Counsel for the defendant-appellant

The Government Employees Pension Service

Seoul Gangnam-gu 508 Jinju 508

Representative President Choi Jae-sik

Litigation Performers Kim Jin-jin

February 5, 2015

March 19, 2015

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

On April 28, 2014, the Defendant revoked the decision to pay bereaved family's compensation to the Plaintiff.

1. Details of the disposition;

A. On February 6, 2014: He was working as the officer in charge of the Department of Correctional Institution in Daejeon and as the officer in charge of the Gu, and on February 6, 2014, on the part of the supplier at around 06: 08: Around 00, he was sent to the supplier the goods purchased by several visitors to check and classify the condition of the goods. At around 08:00, he was found to have been employed by the staff in charge of the deceased and transferred to the hospital of 119 first-lanes, but on the same day at around 09:03, he died (hereinafter referred to as the “accident”).

B. In the body autopsy report on the deceased, the private person is written as ‘unexplosion', and the body autopsy report on the deceased is written as ‘brupt fluent fluent flusium and the subsequent heart pressure.’

C. On April 1, 2014, the Plaintiff’s spouse, demanded the Defendant to pay the bereaved family’s compensation pursuant to Article 61 of the Public Officials Pension Act on the ground that the instant death accident occurred due to excessive work or stress on official duties. However, on April 28, 2013, the Defendant rendered a decision on the compensation for survivors’ compensation land (hereinafter “instant disposition”) on the ground that there is no causal relationship between the deceased’s death and his/her official duties in light of the medical characteristics and causes of the deceased’s death, the details of the deceased’s work and the details of excess work, the health examination in 2012 and 2013, and the result of the autopsy in 2013.

D. The Plaintiff, who was dissatisfied with the instant disposition, filed the instant lawsuit on June 23, 2014.

[Grounds for Recognition: Facts without dispute; Gap evidence 1 through 6, 10, 15, and Eul evidence 1 through 3; the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion

The Deceased may eventually result in the instant death accident due to stress caused by frequent work hours, frequent work hours, and excessive work, and stress caused by computer operation skills, etc. In spite of that, the Defendant was subject to the instant disposition, which is unlawful.

(b) Related statutes;

As shown in the attached Form.

(c) Facts of recognition;

1) Careers, details of daily work, etc. of the Deceased

① After being appointed as a correctional officer on September 24, 1990, the Deceased served in the previous prison until the instant accident occurred, and there is no fact of being issued personnel orders to another institution or a new workplace.

② Examining the excess work hours of the Deceased during six months prior to the occurrence of the instant death, the following [the excess work hours (b) is more than the actual work hours of the Deceased].

[Attachment 1]

③ At the time of the death of the instant case, the Deceased was in charge of the duties of the Daejeon Prison’s general manager and the filing of an application for the use of the money kept in custody, such as the filing of a request for information disclosure related to purchase, the processing of the request for information disclosure related to purchase, the storage of the goods and the supply of the goods and the supply of the goods.

2) The deceased’s usual health condition, etc.

① The deceased’s height is 176 cm, the body weight is 75 km, the deceased dice once a week, and dice 10 pieces per day for about 10 years.

(2) As a result of the health examination of the deceased in 2012 and 2013, the doctor’s opinions are as follows.

[Attachment 2]

③ A copy of the medical records of the Henyang University Hospital’s hospital’s medical records are recorded as “high blood pressure” in the past history, and the autopsy report of the deceased is written as “high dynamic sculposis and blood sculposis,” and “pulphical sculposis and sculpheric sculpheric sculpheric sculpheric sculmosis and cardiopulmonary sculmosis and cardiopulmonary sculic scirrosis

[Grounds for Recognition: The background of and grounds for recognition of the above disposition, Gap evidence Nos. 9 and 13, and the purport of the body before oral argument]

D. Determination

Article 61 (1) of the Public Officials Pension Act refers to a disaster that occurs in connection with the performance of official duties, which is a requirement for the payment of compensation for survivors of public officials under Article 61 (1) of the same Act. Thus, there is a causal relationship between the public official and the disease, and the causal relationship should be proved by the assertion of such causal relationship. The method and degree of proof does not necessarily have to be clearly proved by direct evidence. The method and degree of proof does not necessarily have to be clearly proved by direct evidence. It should be proved to the extent that the proximate causal relationship between the public official and the disease can be inferred by indirect facts, such as the health condition at the time of employment, existence of existing diseases, nature of the work engaged in, and the working environment, and whether other public officials have transferred the same type of disease in the same workplace (see, e.g., Supreme Court Decisions 204Du5324, Aug. 20, 200; 209Du3726, Oct. 29, 2009).

In light of the above legal principles, considering the following circumstances that can be acknowledged by adding up the facts recognized as seen earlier and the purport of the entire arguments, the instant disposition that deemed that there was no proximate causal relation with the instant death accident is legitimate, since the disease was caused or aggravated due to stress arising from the deceased’s heavy performance of duties, and thus, the instant disposition that deemed that there was no proximate causal relation with the instant accident is lawful.

① The Deceased died by a heart fluorial fluorial fluorial fluorial fluor. The stress on the part of the Plaintiff is merely known as one person having an influence on the occurrence of the heart funeral expenses, and there is no medical basis for recognizing that the heart was directly caused by the division of the Deceased.

② The excessive work hours of the deceased before the death of this case cannot be deemed to have been exceeded 30 hours per month by the deceased, and the deceased would normally worked at 06:30 hours and retired at 18:00 hours per month (i.e., the deceased would have worked in excess before his work hours) and cannot be deemed to have been excessive in terms of working hours.

③ As seen earlier, as seen earlier, the Deceased was in charge of performing duties, such as organizing an application for the use of money in custody, filing a request for information disclosure related to purchase, keeping goods and vehicles, and printing out of the supply table of prisoners, etc., at the time of the instant accident. However, in light of the nature of the duties, it cannot be said that the Deceased was in charge of heavy duties that resulted in a tension and disturbance among the duties as a correctional officer, and even if the Deceased’s work experience as a correctional officer exceeds 20 years, it is difficult to deem that the said work was particularly caused to the Deceased, and there is no other circumstance to deem that there was a sudden change in the work environment of the Deceased prior to the instant accident, or that the intensity has been significantly increased.

④ As seen earlier, the Deceased had a dangerous person, such as geological blood transfusion, high blood pressure, rain, etc., so long as it can be the cause of acute cardio-highness, and such person appears to have been well aware of the Deceased through health examinations.

Therefore, the instant death accident appears to have occurred as a result of the rapid aggravation of the deceased, regardless of whether the deceased was over-the-counter, or over-the-art, public duties. The instant disposition taken on the same premise ought to be deemed lawful.

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

Judges Kim Jong-tae

Judges are unable to sign and seal by transfer of voluntary scrap metal.

The presiding judge

Judges

Judges Ansan-jin

Relevant statutes

▣ 공무원연금법

Article 61 (Survivor’s Family Members and Survivors’ Compensation for Death)

(1) Where a public official dies on official duty or dies of a disease or wound while on duty, or dies of such disease or wound within three years after his/her retirement, bereaved family members shall be paid compensation to bereaved family members.

(2) Survivors' compensation under paragraph (1) shall be the amount of gold equivalent to 234/10 of the amount of standard monthly income of a present or former public official.

(3) A bereaved family member of the public official who died on duty shall be paid bereaved family members of the public official who died on duty in addition to the survivors' pension for public officials who died on duty under Article 56 (4) in lump sum. (4) The amount equivalent to 442/10 of the average amount of standard monthly incomes of all public officials shall be the bereaved family members of the public officials who died on duty.