2014Guhap50446 The revocation of revocation of the payment of bereaved family's benefits and funeral expenses

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Law Firm Godo et al., Counsel for the defendant-appellant

Attorney Song-don, Counsel for the plaintiff-appellant

The Government Employees Pension Service

Seoul Gangnam-ro 508

Representative President Choi Jae-sik

A litigation performer who is the highest minister of the litigation performer;

April 30, 2015

May 28, 2015

1. On October 11, 2013, the Defendant’s disposition of compensation for survivors’ compensation rendered to the Plaintiff on October 11, 2013 is revoked.

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

The order is as set forth in the text.

1. Details of the disposition;

A. On May 21, 2001, the Plaintiff’s spouse Lee ○○○○ (hereinafter referred to as “the Deceased”) was appointed as a public official in a correctional service and performed duties, such as collecting the future of a person suspected of being infected with pulmonary tuberculosis from among prisoners and requesting an inspection, and was diagnosed on June 27, 2012.

B. On July 11, 2012, the Deceased was hospitalized in the Haban School Hospital on July 19, 2012 because he/she was receiving a tuberculosis treatment, and was diagnosed as a non-finite species on the part of the Haban cage on July 19, 2012. From July 30, 2012 to April 15, 2013, the Deceased was diagnosed as an anti-final cancer treatment and self-final stem cell transplantation surgery at the Seoul Asan Hospital. After that, the Deceased was hospitalized in the Haban University on April 17, 2013, and was diagnosed as a result of the death of the Deceased. The Deceased was diagnosed as being diagnosed as having aggravated the deceased’s age of death, but was diagnosed as having aggravated.

C. On July 29, 2013, the Plaintiff filed a claim for the payment of bereaved family’s compensation with the Defendant, but the Defendant, on October 11, 2013, on the ground that the cause of the outbreak of a forest species was not yet clearly revealed, the Plaintiff’s direct death of the deceased, and the cause of the outbreak of the forest species was not yet clearly revealed. Therefore, it is difficult to view that the forest species, which occurred or occurred due to stress, rapidly aggravated beyond the natural progress, caused the death of the deceased to the effect that there was no proximate causal relation with his/her official duties (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap's statements in Gap's Nos. 1, 2, 3, 5, 6, 11, 12, 15, and 16, and the purport of the evidence before oral argument

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The Deceased was diagnosed as having been in the line of duty at a Cheongju Prison medical department, and was found to have been infected by a disease in the line of duty while performing his/her duties, such as collecting the presses of a person suspected of being infected by a pulmonary tuberculosis among prisoners. The Deceased was treated as a tuberculosis cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage cage fage. As the cage cage cage cage cage

B. Determination

Considering the above recognized facts, Gap evidence Nos. 12, 13, 14, and Eul evidence Nos. 1 (numbering Nos. 12, 13, 14, and 1) respectively, the court’s entrustment of the examination of medical records to the director of the Seoul Elive Hospital at the Nliven University at this court, and the fact-finding on the director of the Nliven University at the Nliven University at this court and the overall purport of the arguments, it is reasonable to deem that the deceased’s direct death is in proximate causal relation with the public service.

1) The Defendant asserts that the cause of death of the deceased was a re-explosion, which was entered in the proviso (No. 3) of the deceased’s death prepared on June 2, 2013 by ○○○○○○○ University Hospital’s medical doctor, and that the deceased’s direct death was diagnosed on the inside and outside of the nose in around 2005 and received treatment of the non-flodial species of the same kind as the previous type on July 19, 2012. However, in light of the above, it is reasonable to view that the deceased’s death was a re-exploitation of non-flodial species, which were the same as the previous type of the medical record, and that the deceased’s death was a re-exploitation of the deceased’s function, regardless of the fact that the deceased’s death was performed at the ○○ University’s Da○○ University’s main hospital, which was a marine transport-related hospital, and that the deceased’s death was not performed.

2) Considering the fact that the deceased’s sculp type diagnosed on July 19, 2012 was a recurrence of the sculp type diagnosed around 2005, the deceased’s sculp type rapidly aggravated in the treatment process after a recurrence, the deceased’s general treatment of sculp and sculposis did not respond to the treatment of sculposis, even if the patient infected with tuberculosis was treated for sculp tuberculosis, and even if the sculp function could have been re-expuled, the deceased’s treatment of sculposis remains after being diagnosed of sculpitis on June 27, 2012. In light of the fact that the sculpary function of the deceased’s sculp, which could have been affected by the sculposis’s treatment, there is a high possibility that the sculposis remaining after being diagnosed of sculp infection treatment and treatment of sculus.

3) In light of the fact that the deceased was found to have no physical disorder in the health examination in 2010 and 2011, and the deceased was diagnosed on June 27, 2012 when performing the duty of collecting the pulmonary tuberculosis from among the inmates while working in the Cheongju prison department, and providing medical treatment, it is reasonable to deem that the tuberculosis infected on August 30, 2012 can be deemed to have been affected by a disease in the line of official duty. Moreover, as seen earlier, since the deceased’s pulmonary collection remaining after the treatment of tuberculosis and caused a recurrence of tuberculosis, and the deceased’s death aggravated due to a recurrence of the pulmonary tuberculosis, it is reasonable to deem that the deceased died during the performance of official duty.

4) The Defendant asserts that the Plaintiff claimed compensation for bereaved families with the cause of death of the deceased as a type of flap, even if the direct death of the deceased was abolished, it does not affect the legitimacy of the instant disposition. However, the requirements for payment of compensation for satisfaction are sufficient to have proximate causal relation between the deceased’s death and his official duties, and when determining whether there exists proximate causal relation between the deceased’s death and his official duties, the bereaved family’s death is not bound by the cause of death as stated in the claim for compensation for bereaved family. Therefore, the Defendant’s above assertion is without merit.

3. Conclusion

Therefore, the plaintiff's claim of this case shall be accepted for the reasons and it is so decided as per Disposition.

Judges anti-competence

Judges Kim Yong-ho

Judges Seo-sung