2. The costs of appeal shall be borne by the Plaintiff.

A. On March 5, 2012, while the Plaintiff was employed as a simple labor worker in a local public building project implemented by the Posib B community service center (hereinafter “resident center”), the Plaintiff was diagnosed as a "scopic signboard escape certificate and scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopics

B. On June 12, 2012, the Plaintiff filed an application for medical care benefits with the Defendant on the ground that the instant injury and disease constituted occupational accidents.

C. On August 9, 2012, the Defendant issued a disposition not to grant medical care benefits (hereinafter “instant disposition”) on the ground that there is no proximate causal relation between the instant superior branch and the Plaintiff’s business, following the decision of the Daegu Occupational Disease Determination Committee (hereinafter “Determination Committee”).

D. Around that time, the Plaintiff, who was dissatisfied with the instant disposition, filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but was dismissed on October 11, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6, 7, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

During the period of work as simple labor at the community service center, the Plaintiff, alone, repeats the work that contains garbage, trees, cigarette butts, waste vinyl, glass bottles, soil, etc., about about 20 to 30 km away from the weight to the road on which a vehicle reported to Libya is located, and, thus, the injury and disease in this case occurs as a result of the increase of the burden on Libya. Therefore, there is a proximate causal relation between the Plaintiff’s work and the instant injury and the instant injury and disease. Accordingly, the Defendant’s disposition based on the different premise is unlawful.

(b) Fact of recognition;

(1) Details, work status, etc. of the Plaintiff

(가) 원고는 2012. 3. 5. 주민센터가 시행한 지역공동체일자리사업(취업취약계층인 저소득층을 대상으로 지역 특화자원을 활용한 일자리를 제공함으로써 생계안정을 꾀하는 일자리 창출사업이다)에 단순노무직으로 고용되어 그 무렵부터 주민센터 관내 취약지역 및 해안변 청소, 녹도(綠道) 조성지의 잡초제거 등을 수행하면서 쓰레기, 담배꽁초 등을 수거하고, 쓰레기 등이 담긴 마대자루를 리어카에 실어 차가 있는 도로까지 이동하는 업무를 수행하였다.

(B) The Plaintiff worked on the five-day (one week working hours within 30 hours) a week; the working hours are 09:00 - 18:00 - the point working hours are 12:00 to 13:00; the point working hours are 12:40 percent per hour; and the remaining 20 percent ad hoc. A person who was engaged in the same work together with the Plaintiff at the community service center was 8 persons including the Plaintiff from March 5, 2012 to June 3 of the same year. A total of 7 persons including the Plaintiff from March 4, 2012 to August 8 of the same month, including the Plaintiff, were 7 persons including the Plaintiff (three male and 4 women), and the Plaintiff’s age was her (the age of 65 years was less than her mother).

(C) A staff member D of the community service center did not use force unfairly since the time when the Plaintiff started his/her service, and ordered the Plaintiff to use the string when he/she saws waste by cutting down the string. When collecting heavy weight, he/she mobilized a separate specialist.

(2) The background of the outbreak of the instant injury

On June 8, 2012, the Plaintiff completed miscellaneous removal works at an elementary school within the jurisdiction of the community service center, along with the club staff at around 11:20 on June 8, 2012, and the members of the staff of the Dong have gone to the Simsan, and the trees visited the C Hospital on the day hempha, and was treated together with the scop and scopic scopic.

(3) Plaintiff’s ordinary health condition

(A) On August 16, 2010, from August 18, 201 to September 18, 201, the Plaintiff received 19 medical treatment from Ewon with “the following bluriosis”. From September 24, 201 to October 13, 201, the Plaintiff received 15 medical treatment from the same hospital as the same symptoms.

(B) On January 4, 1999, the Plaintiff obtained medical care approval from the Defendant on the "Past-5", No. 4-5 in the 5th century, and the "Past-1,000 square meters". From March 22, 2002 to October 30, 2005, the Plaintiff was under medical care (inpatient 381 and 558 days), and around that time, the Plaintiff was determined as class 6-5 in the disability grade.

(C) On December 10, 2004, the Plaintiff undergone the voltage of the front bank, the front booms, and the fixed operation with the escape certificate of the conical signboards No. 4-5-6 in the Seoul National University Hospital, and the number of pages. On December 10, 2004, the Plaintiff received the rear pressure, the back booms, and the fixed operation with the back strings No. 4-5, No. 5, and the first 1,00 invertebrates.

(4) Medical opinions regarding the instant injury and disease

(A) Defendant’s survey adviser

Although there is an opinion of escape from a memorial signboard between the 2-3th ERI's inspection result, it is judged that the proximate causal relationship between the disaster situation and the injury and the injury and the injury and disease in the application is very rare.

(b) Results of determination by the Daegu Occupational Disease Determination Committee

There is no urgent opinion as a result of the MRI inspection of the ERI, and it can not be deemed as a job that imposes a burden on the basis of the Plaintiff’s performance of duties, and the injury and disease in this case is short of service period so that proximate causal relation is not recognized.

(C) Results of the court of the first instance commissioning the director of the Daegu Tol University Hospital

- The general cause of the escape from the post-explosive signboard No. 2-3 is a sediative disease, and the plaintiff is in a state after the operation.

- Whether the instant injury or disease was caused by acute or chronic progress: In light of the cause of the instant injury or disease, the injury or disease appears to be accompanied by a chronic disease as of June 8, 2012 at least for more than a minimum number of months since the result of the MRI inspection conducted on June 8, 2012.

- Whether there was a king for the instant injury and disease, or what affected the outbreak of the instant injury and disease if there was a king for the instant injury and disease: It is determined that the possibility of the instant injury and disease caused mainly by the king’s sediment and sediment by reference to the medical judgment of compensation and compensation, etc.

- Although there is no causal link between the Plaintiff’s work and the injury and disease of this case, it appears that it was not a sediative disease that occurred for a period of three months, and considering the medical treatment details prior to the date of the occurrence, the main cause of the outbreak is deemed to be worse due to the natural progress of the sediative disease.

(D) The result of the fact-finding on the C Hospital Head of the court of first instance (the plaintiff's main hospital)

- On June 4, 2012, the Plaintiff: (a) had been fluored on the top of the 8th day of that month, but failed to reach the left-hand side of that month; (b) caused severe symptoms of cluorism and symptoms of cluorization change; (c) diagnosed by the cluorm mar No. 2-3 on the left-hand side to pressure the 2nd day of that month; and (d) diagnosed by the cluor cluorm cluor No. 2-3 on the 13th day of that month; and (c) implemented the cluor cluor cluor cluor c

-general mopical escape from a signboard, which is not caused by a serious external wound, is known to have been exposed voluntarily or by a weak external force as the change of the side and the scopical effect of a converging signboard proceeds chronicly, and the outer side of a converging signboard gradually weakens.

- The decline change in the side effects of a side signboard against the plaintiff is considered to have occurred when symptoms were revealed, and the period of chronic progress is unknown. The photographic climatics No. 4-5 before the operation, No. 5 of the climatics, and the vertebrate tetegratives of spinals and spine body convergences. In general, when spine cligicals were implemented, it is known that the stimulative change in the adjacent side may accelerate the stimulated change, but it is believed that the causal relationship with the present rupical disease, which caused symptoms, is not high.

- As to the relationship between the Plaintiff’s work and the injury and disease in this case’s injury and injury and injury and injury and injury and injury to the injury and injury and injury and injury to the injury and injury and injury to the injury and injury are deemed to have been related to whether there was an excessive work or fruit compared to the ordinary level at the time of the outbreak of symptoms. In view of the fact that the work period of the Plaintiff was 3 months prior to the first injury and the work period of the first injury and that of the Plaintiff’s work period was 3 months prior to the second injury and that of the second injury and injury and injury in this case’s injury and injury and injury and injury, the causal relationship between the occurrence and the injury and injury are low.

At the time of occurrence ( June 8, 2012), it should be considered as to the intensity and course of work at the time of occurrence.

[Ground of recognition] Gap evidence 8, Eul evidence 1, Eul evidence 1, Eul evidence 2, 4, 5, 8 through 13 (including each number), D's testimony at the court of first instance, the result of the court of first instance's commission of physical examination to the director of the court of first instance, the result of the fact inquiry to the director of the hospital at the court of first instance, the purport of the whole pleadings.

C. Determination

(1) In order to be recognized as an occupational accident under the Industrial Accident Compensation Insurance Act, there must be a proximate causal relationship between the occupational and the accident. In this case, the causal relationship between the occupational and the accident of an employee must be proved by the assertion of such causal relationship, and even if it is not necessarily required to prove clearly medical and naturally, a proximate causal relationship between the occupational and the disease should be determined by considering the overall circumstances. However, it is difficult to presume that the causal relationship between the occupational and the occupational accident is likely to lead to the occurrence and aggravation of the disease as well as the cause of the outbreak and aggravation in modern medical science, on the ground that the overwork or stress can be generally caused by the outbreak and aggravation of the disease, as well as the fact that the cause of the outbreak and aggravation in modern medical science is necessarily related to the occupational activity, and it cannot be seen that there is a realistic risk inherent in the occupational affairs (see, e.g., Supreme Court Decisions 2006Du8204, Jan. 31, 2008; 201Du7575, Feb. 25, 2001).

(2) 이 사건의 경우 앞서 든 각 증거와 앞서 본 인정사실 및 변론 전체의 취지에 의하여 알 수 있는 다음과 같은 사정 즉, ① 일반적으로 요추부 추간판 탈출증은 인간이 근본적으로 직립보행을 하면서 중력을 이겨내며 살아가게 된 이후로 발생한 질환으로서 기본적으로는 퇴행성 질환으로 분류되고, 실험적으로 추체가 골절을 일으킬 정도의 강력한 힘을 받는 경우에 외상력에 의한 추간판 탈출증이 진단되는데, 원고가 2012. 3. 5.부터 쓰레기 수거 등의 업무를 시작하여 이 사건 상병이 발병한 2012. 6. 8. 까지 약 3개월간의 단기간 내에서 1일 6시간 이내에 근무를 하였으며, 근무시간 중 틈틈이 휴식을 취하여 특별히 업무상 과로한 것으로 보이지 아니할 뿐만 아니라 업무로 인하여 추체가 골절을 일으킬 정도의 강력한 힘을 받는 외상을 입었다고 볼 만한 아무런 자료가 없는 점, ② 원고가 수거한 쓰레기 등이 담긴 마대자루가 다소 중량이 무거웠을 것으로 보이나, 동료직원들과 함께 마대자류를 리어카 등에 신고 내리는 업무를 수행하였고, 무엇보다 원고가 근무를 시작할 무렵부터 발목이 아파 무거운 물건을 올리는 작업을 하지 말도록 지시·관리 받았던 점과 그 외 원고가 단순노무직으로서 수행한 업무량과 정도 등에 비추어 볼 때, 원고가 수행한 업무가 원고가 감내하기 어려울 정도에 이르러렀다고 보기 어려울 뿐만 아니라 그것이 직접적인 이 사건 상병의 발생원이었다고 보기 어려운 점, ③ 제1심 법원의 대구가톨릭대학교병원장에 대한 신체감정촉탁결과에 의하면, 원고에 대한 2012. 6. 8.자 요추부 MRI 결과상 이 사건 상병에 퇴행성 병변이 동반되어 있어 최소 수개월 이상된 퇴행성 병변으로 사료되고, 3개월 정도 만에 발생하는 퇴행성 병변은 아닌 것으로 사료되며, 발병일 전의 의료기관 진료 내역을 고려할 때 발병의 주된 원인은 퇴행성 병변의 자연적 경과 악화로 사료된다는 의학적 소견을 제시하고 있고, 제1심 법원의 C병원장(원고의 주치의)에 대한 사실조회결과에서도 원고가 C병원에 최초 내원하기 1개월 전부터 요통이 있었다고 진술하였고, 주민센터에서 근무한 기간이 총 3개월에 불과하며, 요추 2분절간 고정술을 시행받은 기존질환이 있었던 점 등을 고려하면 원고의 만성적인 추간판의 변성과 작업과의 인과관계는 낮을 것으로 사료되고, 파열성 병변 발생과 작업과의 인과관계는 파열성 병변 발생 당시(2012. 6. 8.)의 작업강도 및 과로 등의 여부를 고려해야 할 것으로 판단된다는 의학적 소견을 제시하고 있는 점 등을 종합하면, 원고가 제출 내지 신청한 증거들만으로 원고의 업무가 이 사건 상병을 발병시켰거나 기존질환을 자연적 진행경과 이상으로 급속히 악화시켜 이 사건 상병에 이르게 하였다고 인정하기에 부족하고, 달리 이를 인정할 증거가 없으므로, 이 사건 상병과 원고의 업무 사이에 상당인과관계가 없다고 본 이 사건 처분은 적법하고, 결국 원고의 주장은 이유가 없다.

3. Conclusion

Therefore, the judgment of the first instance, which dismissed the plaintiff's claim of this case, is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judges Lee Jong-chul

Judges Kim Sang-woo