1. An accident insurance is a personal insurance that covers the injury of the insured to his/her body due to a sudden and unexpected accident during the insurance period. In general, in addition to an accident that happens out of the country, if the causal relationship between the injury caused by an accident and the death or disability caused by the accident and the result thereof is acknowledged, if the causal relationship between the injury caused by the accident and the death or disability caused by the accident is acknowledged, the insured is liable to pay the insurance money as agreed upon at the time of conclusion of the insurance contract (see, e.g., Supreme Court Decision 2006Da42610, Oct. 1

2. According to the reasoning of the lower judgment, it seems that the deceased’s 1stmbrothothrosis itself was not likely to cause any danger to his life. It is difficult to view that there was a proximate causal relation between the accident in this case and the deceased’s death in the process of treating the injury caused by the accident. Next, the lower court determined that the deceased’s 1stropthrosis’s dymbrothic pura (hereinafter referred to as “ITP”) aggravated the 1stropic dymbrothrosis during the process of treating the deceased’s 20thropic 4thropic 4thropic dys, etc., and that the deceased’s dypopic dypology was no longer likely to cause any injury to the deceased’s 1’s life. In so doing, it was difficult to view that the 1stopical dypulthr’s dypumthic 28thic 2013.

3. However, the lower court’s determination is difficult to accept for the following reasons.

갑 제6호증(부검감정서)는 증거 방법의 하나에 불과하기는 하나 이는 이 사건에서 망인의 사망원인에 관하여 전문가인 의사가 내린 유일한 의학적 판단이므로 특별한 사정이 없는 한 이를 존중하여야 할 것인데, 위 부검감정서의 기재에 의하면 망인은 지병인 ITP가 재발 및 악화되어 폐출혈을 일으키고 대엽성 폐렴으로 진행되어 패혈증으로 사망하였고, ITP가 악화된 것은 임의로 니소론 투약을 중지하여 필요한 만큼 이를 복용하지 못함으로 인한 결과라는 것이다. 나아가 원심판결 이유 및 기록에 의하면 망인이 2013. 2. 28. 니소론 투약을 중단할 당시 망인의 혈소판 수치는 491,000/1㎜이었는데, 그 투약 중단 후인 2013. 4. 5.에는 117,000/1㎣으로 현저히 감소하였고, 2013. 4. 8.에는 혈소판 감소로 인한 점상출현, 혈변 등 현저한 증상이 발현되었으며, 2013. 4. 9.에는 혈소판 수치가 1,000/1㎡으로 떨어지는 등, 니소론 투약 중단 이후 망인의 혈소판 수치가 급격하게 저하된 사실을 알 수 있다.

According to the above facts, it is reasonable to view that the administration of Nantho on the deceased was suspended in order to treat the dysule death caused by the instant accident, and as a result, the ITP aggravated due to the decline in the blood plate value of the deceased. In such a case, the accident in this case and the king witness ITP constitute a joint cause for the death of the deceased and a proximate causal relationship between the accident in this case and the death of the deceased can be recognized.

Therefore, the court below should have determined whether there was a causal link between the suspension of nurith medication of the deceased and the aggravation of ITP by examining the dead’s horizontal nitroon volume, the deceased’s blood plate value, and the trends after the suspension of nuritho medication through the examination of medical records, etc.

Nevertheless, without properly examining this point, the lower court determined that there was no proximate causal relation between the accident of this case and the deceased’s death on the sole basis of its reasoning. In so determining, the lower court erred by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, and by misapprehending the legal doctrine on considerable over-the-counter relations, thereby failing

4. Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Yong-deok

The Chief Justice Park Jae-young

Justices Kim Gin-young