Plaintiff (Law Firm, Kim & Lee LLC, Attorneys Yu-chul et al., Counsel for the plaintiff-appellant)

Public Official Pension Corporation

October 2, 2007

Seoul Administrative Court Decision 2006Guhap18072 Decided January 24, 2007

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The total costs of the lawsuit shall be borne by the plaintiff.

1. Purport of claim

The defendant's disposition on April 13, 2006 against the plaintiff's compensation for survivors' compensation shall be revoked.

2. Purport of appeal

The same shall apply to the order.

1. Details of the disposition;

A. On April 17, 1993, the non-party 1, who is the husband of the plaintiff, passed the 27th Non-party 1's non-party 1, who was appointed as the Foreign Affairs and Trade Officer on May 24, 1993. After being employed as the Foreign Affairs and Trade Officer, the non-party 1 concurrently provided treatment and duties, such as receiving the liver surgery after being judged as the liver cancer around January 2005. On May 26, 2005, the non-party 1 discovered that he was transferred to other parts within the liver and the Masan National Cancer Center, but died of the Masan National Cancer on July 26, 2005.

B. The Plaintiff asserted that Nonparty 1’s death was based on overwork and stress, and filed a claim for the payment of bereaved family’s compensation. On April 13, 2006, the Defendant rendered a claim for the payment of compensation for survivors on the ground that the death of Nonparty 1 was caused by Nonparty 1’s occupational death, not due to his official duties. On the ground that Nonparty 1’s death was naturally deteriorated and caused by hepatitis B, the Defendant rendered a disposition of compensation for survivors’ compensation (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, Gap evidence 1 and 2

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The non-party 1 had been conducting the simplified function test every year from July 1994 to August 2002, but there was no problem. The non-party 1 was working for the Embassy of Turkey from July 2002 to August 2004, and did not receive special diagnosis or treatment due to the poor medical environment due to overwork and stress, and immediately thereafter, the non-party 1’s death was caused by heavy overwork and stress while working for the Ministry of Foreign Affairs and Trade in the state 2 of the Gu and the Prime Minister, while preparing for each of the European Nets of the President and the Prime Minister. Thus, the non-party 1’s death was caused by the performance of official duties, and thus, it constitutes a death due to the performance of official duties, and thus, the disposition of this case based on the different reason is unlawful.

(b) Fact of recognition;

(1) The duty and duty of Nonparty 1

(A) On May 24, 1993, Nonparty 1 was appointed as the Foreign Affairs Officer of the Ministry of Foreign Affairs and Trade, and opened with the information of the Foreign Affairs and Trade Planning Office (the Ministry of Foreign Affairs and Trade, May 1993-1994. 8.) and the Dong State 2 (the Ministry of Foreign Affairs and Trade, August 1995.--1995.7.), the services for the dispatch of the United States Deelwait (the date of July 1995.--1997.5.5.) from the planning and management office (the date of May 1997-1998.5.), the Foreign Policy Office and the Human Rights Association of the Diplomatic Policy Office (the date of May 199.12. 199), the Embassy of the Netherlands (the date of December 27, 1992) from the date of entry into several positions of the Embassy of Turkey (the Ministry of Foreign Affairs and Trade, 200-4.28.4).

(B) From July 2002 to August 2004, Nonparty 1 worked as a Grade 1 official at the Embassy of Turkey, while performing daily affairs, such as economic, commercial, cultural, public relations, and consular affairs of the Embassy of Turkey, Nonparty 1 was frequently contacted with the Ministry of Foreign Affairs and Trade for a certain adjustment of the Republic of Turkey within the Republic of Korea on January 2004 and carried out the work of discovering items related to the economic, commercial, and cultural fields, preparing materials related to such activities, preparing materials related to events, and taking follow-up measures, etc. In addition, Nonparty 1 was also divided into three public performances at the National Embassy of Turkey ( June 9, 2003), visit from the Ministry of Foreign Affairs and Trade (the Ministry of Foreign Affairs and Trade) to the extent of an inferior level of government performance of the Republic of Korea, and visit from the Republic of Korea to the Ministry of Foreign Affairs and Trade (the Ministry of Foreign Affairs and Trade-Class 4, 2004) to the extent of 5.4.5.

(C) From August 25, 2004, the non-party 1, who completed the mission of the Embassy of the Republic of Korea, performed diplomatic relations with the United Kingdom, Ireland, the United Kingdom, the Ireland, the Czeco, and the Slovakia, a responsible country, as the subordinate country in the Gu of the European Affairs and Trade, and performed the tasks of diplomatic relations with the European Kingdom, the United Kingdom, the United Kingdom, and the Slovakia, who assist the head of the division.

(D) Meanwhile, in order to prepare for the presidential and the Prime Minister’s net events, it is necessary to make a variety of and a serious preparation such as negotiations with visiting countries from 2-3 months to 2-3 months, setting a conference agenda, preparing basic data on politics, economy, culture, etc. by visiting countries, holding internal strategic meetings to enhance the performance of visits, making interim reports to the Minister, and preparing report materials on the instant broadcast. From 13 October 13, 2004 to 20 December 30 of the same year, Non-party 1 had a schedule of visiting three European countries from 3 European countries from 30 to 9 December 2, 2004 of the same year, for the preparation of the said events from Turkey to 12 days from Turkey’s return to 12 days from 10th day, October 13th day of the same year, and 10th day of the same year from 10th day of the same year.

Specifically, Non-party 1 reported the current status of the visit preparation by the Prime Minister on five occasions from September 2004 with respect to the visit by Hungary (including the attendance of the Hungary, Austria, and Germany of the Prime Minister, prepared the event data by country, the participation data by the inventive conference, and the press promotion data, and prepared the basic data necessary for the visit by the President to the three European countries of the President of the 1st century, with respect to the visit by the President of the 3 European countries of the 1st century.

(E) Nonparty 1 operated a situation headquarters at the hotel during the eight-day local business trip period for attendance at the inventive step conference, the President’s UK, and the 10-day local business trip period to participate in the business-level visit, and conducted subsequent measures, such as the materials reported to the State Council, immediately after returning to Korea, to prepare a report on the fact that various events are properly carried out and promptly cope with the sudden situation. Nonparty 1 was suffering from extreme tension and stress, whenever the event during the business trip period ends, reported the report to the Republic of Korea, and reported it to the Republic of Korea, and did not take an area outside the water level of 2-3 hours a day to make a certain preparation on the following day.

(2) The health condition and details of the death of Nonparty 1

(A) On December 19, 1965, Nonparty 1 was diagnosed with chronic hepatitis B and was hospitalized in around 1993, and took a non-smoking, gold week, and regular campaign. On the other hand, Nonparty 1 was subject to regular medical examinations, such as early January 1, 2002, until June 1, 2002, which was the work time of the Embassy of the Jeju Netherlands, and was not found with any special disease, but did not undergo any special medical examination or treatment after the Embassy work.

(B) From the beginning of January 2005 to the right upper part of the body, Nonparty 1 sleeped a serious heart, and was hospitalized in the National Cancer Center from July 22, 2005 to the right upper part of the same month on the 13th day of the same month, as a result of a medical examination conducted by Nonparty 1, who was found to be a “liver-cell cancer,” and received treatment. On the 26th day of the same month, he transferred to the Seoul Asan Hospital on the 18th day of the same month, he was discharged from the hospital on February 26 of the same year, and was discharged from the hospital, and transferred to a different body and pulmonary treatment, and was hospitalized again in the National Cancer Center from July 2, 2005 to July 23:40 of the same month.

(3) Relevant medical knowledge

(A) The acute infection is normally recovered when the acute infection is completely recovered upon infection 3-4 months from the infection, or otherwise, the chronic infection remains for not less than six months. The chronic infection is the chypitis virus (virative virus for chronic infection) that causes the infection, and its external immunodeficiency, pharmaceutical, external disease, and cause unknown, etc. For the reason of chronic infection, the chypitis is the chron virus, and among which Korea, the chypitis is the 70-80% of the total. The chronic implementation of the hypitis is absolutely important. For example, where the immunity system is infected with adults completed, the hypitis ends with the hypitis and is more than 15% of the chronic blood from the hypitis and more than 90% of the chronic hypitis appears, while the hypitis appears in most of the chronic hypitis in Korea.

(B) Telecommunication cancer: A. B and C virus and A.fatoxin-B1 are clearly representative malicious pattern that the person causing the disease clearly shows a close causal relationship globally with the contamination of chemical substances, such as B and C virus and A.B1, and in particular, the infections of B and C virus are related not only to the virus factors but also to the hepatitis-liver infection factors. It is known that approximately 70% of the liver cancers in Korea are related to hepatitis B.

(C) On the other hand, in the case of Korea, the probability of performing a chronic malvosis to patients with chronic hepatitis B is known to be 9% after five years, 20% after 10 years, 36% after 15 years, and 48% after 20 years, and the probability of occurrence of malposis is known to be 2.7% after 5 years, 11% after 10 years, 25% after 15 years, and 35% after 20 years, and the time when malpitis occurs from holders of hepatitis B.

On the other hand, there is no material suggesting the medical basis that the liver disease occurs or becomes worse due to overwork or stress itself or by weakening the immunity system, and there is no general presumption that liver disease may deteriorate if the save system is weakened, but there is no specific material proving that saves may worsen accordingly). It is known that the aggravation of liver disease is caused by improper health care such as booming alcohol or toxic drugs without proper inspection and treatment or taking alcohol or toxic drugs.

[Based on the recognition] Gap evidence 1, 3 through 6, evidence 1 through 4, evidence 8, evidence 9-1, 2, evidence 10, evidence 11-1 through 5, evidence 12-1, 2, Gap evidence 13 through 15, evidence 16-1 through 11, evidence 17-1 through 3, evidence 18 (Evidence 4-1, 20-1 through 31, evidence 19-1 through 31, evidence 20-1 through 13, evidence 21-1 through 22, evidence 21-1 through 35, evidence 17-17, evidence 16-1 through 4, evidence 2-1, evidence 3-1 through 4, evidence 5-2, evidence 1-2, evidence 1 to 3-1, evidence 5-2, evidence 2-1 to 3-2, evidence 5-2, evidence 1-2, and evidence 2-1 to 4-2

C. Determination

In order to constitute “the death of official duty,” which is the requirement for the payment of bereaved family’s compensation under the Public Officials Pension Act, there should be causation between official duty and death. If the main cause of the disease caused by death was not directly related to official duty, and at least the degree of overwork or stress caused the disease even if it was not directly related to official duty, and the disease was caused or aggravated as it overlaps with the main cause of the disease, it should be deemed that there exists causation

However, there is no medical basis that the chronic viral hepatitis might grow naturally due to absence of overwork or stress, and that the overwork or stress itself act as an liver disease or aggravation factor, so there is no evidence to predict the fact that Nonparty 1’s chronic viral infection rapidly aggravated due to Nonparty 1’s overwork or stress so as to recognize the death of Nonparty 1’s viral cancer due to death in the course of performing official duties.

(6) Although Nonparty 1 worked for the Embassy of Turkey before and after the outbreak of a chronic disease, it seems that Nonparty 1 had an adverse impact on Nonparty 1’s work at the Embassy of Turkey, in particular, after his return to the former Ministry of Foreign Affairs and Trade, he prepared for the presidential and Prime Minister’s pure events, and rather excessive stress. However, as seen above, if Nonparty 1 appeared to have been hospitalized for chronic livers in 193 and 10 years after 10 years of age, it is difficult to view that there were no other special circumstances other than ordinary work at the Embassy of Turkey, and it is difficult to prove that Nonparty 1 had an excessive stress on the 7th anniversary of 39 years of age. However, it is difficult to prove that there were no additional stress on the 1st century’s remaining after the outbreak of a chronic liver disease. However, it is difficult to deem that there was an excessive stress on the 1st day between the former and the Prime Minister’s overseas 2nd day, and it is difficult to prove that there was an excessive stress on the 1st day.

Therefore, the instant disposition is lawful on the ground that it is difficult to view that there is a proximate causal relation between Nonparty 1’s official duties or duties, and stress and liver cancer.

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is unfair with different conclusions, so the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed. It is so decided as per Disposition.

Judges Park Jong-dae (Presiding Judge)