The meaning of "Death caused by diseases in official duties" stipulated in Article 61 of the Public Officials Pension Act.

"Death caused by a disease caused by an official duty" under Article 61 of the Public Officials Pension Act refers to a case where a public official dies of a disease caused by such disease during the performance of official duty, and there should be a causal relationship between the disease caused by the official duty and the death. However, even if the main cause of the disease is not directly related to official duty, if the main cause of the disease overlaps with the main cause of the disease, it should be considered that there exists a causal relationship

Article 61 of the Public Officials Pension Act

Supreme Court Decision 82Nu226 Decided October 11, 1983, 84Nu23 Decided January 22, 1985, Supreme Court Decision 86Nu679 Decided December 9, 1986, Supreme Court Decision 86Nu840 Decided April 14, 1987

Plaintiff

Public Official Pension Corporation

Seoul High Court Decision 86Gu1568 delivered on May 22, 1987

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

As the death of a public official due to a disease, which is the requirement for claiming compensation for survivors of public officials under Article 61 of the Public Officials Pension Act, refers to the death of a disease caused by the public official while performing his/her official duties, there should be causation between the disease caused by the death of the public official. However, even if the main cause of the disease is not directly related to the official duties, if the disease overlaps with the main cause of the disease, and the disease is caused or aggravated due to the excessive performance of his/her duties, it should be deemed that the causal relationship exists, and the disease caused by excessive performance shall also include the basic disease that can normally perform normal duties at ordinary times or the excessive aggravation of the existing disease (see Supreme Court Decision 86Nu840, Apr. 14, 1987).

According to the reasoning of the judgment below, while the non-party, who is the husband of the plaintiff, was working as a son from the general affairs department of the Republic of Korea in Ulsan-si on December 30, 1985, the court below determined that the non-party was deceased on March 17, 1986, and that the deceased's death was caused by a special body such as cerebrovascular defect in the process of formation of cerebrovascular, and that the cerebrovascular was caused by a cerebrovascular disease or chlorosium, and that the non-party, who is the husband of the plaintiff, might complete the birth without any heat, and that the cerebrsus might be raper due to excessive stress, and that there was no error of law by misapprehending the legal principles as to misunderstanding the legal principles as to cerebrs and chlosium's death due to misunderstanding of the legal principles as to cerebrs and chlosium's death during the process of formation of cerebrum, and thus, it can be justified in light of the above legal principles.

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 Lee Lee-hee (Presiding Justice)