Non-commissioned officer collapsed and died during company dinner... Court rules "Pension must be paid to bereaved family"

[Asia Economy Reporter Seongpil Cho] The family of an Air Force non-commissioned officer who collapsed and died at a company dinner after suffering from over 60 hours of intense work per week won a pension lawsuit against the state.

According to the legal community on the 6th, the Administrative Division 3 of the Seoul Administrative Court (Chief Judge Hwanwoo Yoo) ruled in favor of the plaintiff in a lawsuit filed by the deceased Mr. A's spouse against the Minister of National Defense, seeking cancellation of the denial of survivor's pension payment. The court stated, "It is reasonable to consider that the deceased developed coronary artery dissection or that a pre-existing condition significantly worsened due to work-related burdens such as overwork and stress, and a substantial causal relationship between the death and official duties is recognized."

Mr. A, who served as a senior sergeant in an Air Force unit, attended a unit dinner in October 2018, suddenly suffered a nosebleed, lost consciousness, and was transported to the emergency room. He never regained consciousness and passed away that day. The autopsy confirmed the cause of death as "coronary artery dissection."

Mr. A's spouse filed for survivor's pension in April the following year, but the Ministry of National Defense rejected the claim, stating that a causal relationship between official duties and Mr. A's death was not recognized. Dissatisfied with this decision, Mr. A's spouse requested a reconsideration, which was also dismissed, leading to the lawsuit. The spouse argued, "Mr. A collapsed and died on the day of the dinner due to the worsening of a pre-existing condition caused by excessive official duties and stress," and "there is a substantial causal relationship between the death and official duties."

The court accepted the spouse's argument. It was based on evidence that Mr. A worked 60 hours in the week before his death, averaged 51.48 hours over 12 weeks, and even took qualification exams related to promotion assessments on days off. The court stated, "Mr. A must have suffered considerable physical and mental stress due to overwork."