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(영문) 서울행정법원 2020.5.29. 선고 2018구합69677 판결

유족급여및장의비부지급처분취소

Cases

2018Guhap696777 and revocation of revocation of the non-payment of survivor's benefits and funeral expenses.

Plaintiff

A

Defendant

Korea Labor Welfare Corporation

Conclusion of Pleadings

April 24, 2020

Imposition of Judgment

May 29, 2020

Text

1. On March 22, 2017, the disposition that the Defendant rendered to the Plaintiff on March 22, 2017 as bereaved family benefits and funeral expenses shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Purport of claim

The same shall apply to the order.

Reasons

1. Details of the disposition;

A. On March 23, 2011, the deceased B (hereinafter referred to as "the deceased") entered a company D (hereinafter referred to as "the company of this case") which manufactures electronic components using the mixed technology and worked at the place of business of the company of this case (hereinafter referred to as "place of business of this case").

B. The Deceased was diagnosed on August 29, 2014, hereinafter “the instant injury and disease,” and was diagnosed on August 30, 2014 (hereinafter “the instant injury and disease”), but was killed as the instant injury and disease on September 13, 2014.

C. On October 29, 2015, the Plaintiff, the deceased’s spouse, filed a claim for the payment of survivors’ benefits and funeral expenses with the Defendant. On March 22, 2017, the Defendant: (a) determined that organic solvents (Toluene, cene, etc.) used in the neighboring process without treating chemicals in the punching process performed by the deceased; (b) however, the exposure period is shorter and there is insufficient epidemiologic basis for the relationship between the upper branch of this case. Gents known as the occupational cause of the disease of this case was not detected as a result of the assessment of the work environment of the deceased, and there is no possibility of bench exposure in the work process of the deceased or in the workplace; (c) therefore, there is no proximate causal relation between the deceased’s death and his work.”

D. The Plaintiff filed a request for review to the Industrial Accident Compensation Insurance Review Committee, but the Industrial Accident Compensation Insurance Review Committee rendered a decision to dismiss the request for review on April 6, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 8, Eul evidence 1 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The Deceased did not perform the punching process at the instant workplace, and the punching process was transferred to another place in 2015 and the work environment was changed, but the subject of epidemiological investigation was the changed work environment. If the Deceased was in charge of punching work, even if the punching process was exposed to hazardous chemicals emitted from the clean studs entire by the Cpuds cooperation system, and the Deceased was treating the organic solvent as his hand. The Deceased was exposed to humde and was likely to have caused the disease in this case, and the workplace of this case is highly likely to have been exposed to bend. The Deceased continued to perform the duties of the Deceased and the disease in this case. Accordingly, there is a proximate causal link between the Deceased’s duties and the disease in this case, so the death of the Deceased constitutes occupational accident.

B. Relevant statutes

It is as shown in the attached Form.

(c) Fact of recognition;

1) Process of the instant workplace

A) The instant place of business is the core part that constitutes a prob card, a component of equipment testing whether semiconductor chips are flaps or not, that is, production of Spanish franchises, using low temperature dynamics materials (LTCC).

6) The manufacturing process of the instant ready-mixed products shall be carried out in the order of ? punched foundation ? ? Embuned ? Embre processing ? Embreing ? Embreing ? Embreing process at the end of the instant business establishment. ① Embreing process shall be made in the form of slurry, high body and liquid mixed with straw, and then shall be tightly mixed with algorisomes for 8 to 24 hours in the form of creshing process, and shall be made in the form of creshing process in order of creshing and streshing in order of 0 to ensure that the creshing process can be carried out in the form of creshing process.

2) Details, work environment, work hours, etc. of the Deceased

가) 이 사건 회사에 따르면, 망인은 이 사건 세라믹 제품 제조공정 중 펀칭 공정에 근무하였다. 펀칭 공정의 구체적인 작업 내용은 ① 제품을 순서대로 나열하여 가공을 준비하고, ② 홀 가공장비(펀칭기)에 제품을 한 장씩 이송하여 로딩한 후, ③ 장비를 가동시켜 홀을 가공하고, ④ 도면과 대조하여 가공이 잘 진행되었는지 육안으로 검사하는 것이다. 펀칭 공정에서는 접착식 끈끈이 롤러를 사용하여 이물질 제거를 하며, 비아 모델이 변경될 경우에는 에탄올을 이용하여 가공장비 세척작업을 하는데 이는 짧게는 2~3일에 1회, 길게는 2주에 1회 정도 주기로 수행되었다. 가공장비는 UV 레이저 드릴링 시스템(UV Laser Drilling Systerm) 방식으로, 밀폐용 도어를 닫아야 동작된다. 가공장비에는 배기장치가 연결되어 있으며 음압에 의한 집진시설이 되어 있다.

B) While the Deceased wears a studio-proof uniform for the protection of the product while on duty, a separate individual protective outfit (such as a smoking protective outfit, a protective outfit, and a security alarm) was not paid.

C) While the Deceased worked in the instant workplace, the work site was composed of two floors. On the first floor, the processing room and the gambling room were located in the 1st floor, and the 2nd floor was located in the crypt type and the trial foundation process. After the Deceased’s death, the construction of the instant work site was changed and the punching process was moved to the 2nd floor. The instant work site consists of the entire cryp and the cunching process consists of a separate culp room. Due to the characteristics of the culp room, the external air is unlikely to flow, and the mutual assistance system between the first and second floors is independent.

D) The Deceased joined the instant company for one year, and the subsequent period was 3:2:00 p.m., and 2:2:0 p.m., from 8:0 p.m. to 8:0 p.m., and from 8:0 p.m. to 8:0 a.m. on the following day, the Deceased worked for 12 hours each week from 8:0 p.m., and 2:0 p.m. on the one-time basis. The Deceased worked for 2.5 hours a day-to-day extension. The Deceased ordinarily worked for 10.5 hours a day-to-day, most of Saturdays worked for 10.5 hours a day-to-day and 10.5 hours a.m. on Sundays.

3) Career and health condition of the Deceased

A) The Deceased did not engage in any other work except that the Plaintiff, who was his spouse before becoming a member of the instant company, operated a private teaching institute.

B) The Deceased had no particular characteristics prior to the outbreak of the instant injury, and there was no basic disease or family history, and there was almost no drinking and smoking.

C) The Deceased visited the hospital on August 2014, 2014 due to symptoms, such as cathers, telegraph declines, food hump, etc. that began from July 2014, and was diagnosed as the result of the instant injury and disease.

4) The result of the working environment measurement on the instant workplace

A) With respect to the instant workplace, the working environment measurement conducted on December 3, 2012 in the second half of 2012 under the Occupational Safety and Health Act, the working environment measurement conducted on October 10, 2013, the second half of 2013, the working environment measurement conducted on May 12, 2014, the first half of 2014, and the second half of 2015, respectively.

B) According to the result of the measurement of each of the above working environment, chemical substances used in the manufacturing process of the instant mixing products are as follows: Toluene, Aluminium and its compounds (i.e., fluoride), oxygen, chine and its inorganic compounds, chloratesium, carbon oxide, calcium, calcium, calcium, calcium, calcium, calcium, calcium, calcium (U.S.), and calcium as a composite material. In the calcium process, sulfur and nitrogen acid were used in metal separation work, calcium, sulfur, sulfur, sulfur, calcium, calcium, calcium, and calcopic alcohol were used in cleaning work. In the process of processing, metal sharing was used in calcton, calcopic alcohol, calcopic alcohol, and calcopic fever.

C) The working environment measurement was conducted at the above three work processes. As a result of the working environment measurement, measurement of each hazardous chemical was conducted below the exposure standard. In the case of a ttetype process, most of alzinium, oxygen, oxygen, siumium, and mercury were conducted at a level below 0.3% compared to the exposure standard, and Toluene was at a level below 2.45%. Although there was a somewhat different annual difference, in the case of a gambling room and a processing room, alton and alpropy alcohol were at a level below 1/10 compared to the exposure standard. The metal sharing in a processing room was at a level below 1/5 compared to the exposure standard.

D) According to the result of the measurement of each working environment as above, a processing room, a gambling room, and a studio room work is being conducted in a studio facility. Some of the facilities were installed and operated with an external air exhauster equipment. Each process is divided into a separate unit work place, and work was conducted at the same time.

E) According to the results of the working environment measurement as above, each number of employees of the process using hazardous chemicals is as follows. Three processing processes, eight gambling processes, three gambling processes, three gambling processes, six gambling processes, six gambling processes in the latter part of the year 2013, six gambing processes in the first half of the year 2014, four gambling processes, five gambling processes in the first half of the year 2014, two gambling processes in the first half of the year 2015, three gambling processes in the first half of the year 2015, three gambling processes, three gambling processes a week, two gambling processes in the second half of the year 2015.

F) Meanwhile, in the second half of the year 2012, in the second half of the year 2013 and in the first half of the year 2014, the term ‘distinct process' is not assigned to regular workers, and the inspection work is conducted after the work is operated by the work executor at the time of the work. It is written that ‘temporary work will be excluded from the working environment measurement.'

5) Results of the epidemiological investigation on the instant workplace

A) On December 24, 2015, the Defendant requested the Korea Occupational Safety and Health Institute to conduct an epidemiological investigation (hereinafter “instant epidemiological investigation”). On March 8, 2016, the instant epidemiological investigation team visited the instant place of business and confirmed the process and details of work, and conducted working environment measurement.

B) As a result of the combination of punching and the working environment measurement of decrising rooms for the punching process and comparison thereof, be omitted. Toluene was detected in the punching process from 4.89-5.24 ppm, 3.91 pm in the mixing room, and was found at a higher level than the previous working environment measurement result, and was not detected in the decrising room. Voluntaryren (cren) was detected only in the punching process, only 0.21-0.42 pm in the punching process, and 0.1-0.15 pm in the punching process were detected only in the punching process, and it was not detected in the decrising room and the mixing room.

C) In the instant epidemiological investigation, using the above average level of exposure 0.125 pm of the deceased, the presumed working hours of the deceased 10763 p.m. (10.5 p.m. a day, 6 days a week, 50 p.m., 3 years and 5 months a day) in the instant epidemiological investigation, the decedent’s cumulative exposure amount was presumed to be 1345.3 p.m. and Sim.

D) As a result of the Epidemiological Investigation and Evaluation Committee’s review on the working environment, deeming that Toluene, Ethylene, and Mathiode was detected even without direct handling of chemicals in punching process, it is presumed that a hazardous substance occurs in the sexual form or punching process of the threemix, or in neighboring work processes, such as mixing rooms that contain organic solvents, gambling rooms, and processing rooms, are likely to affect the characteristics of the clean studio equipment that reorganizes the air.

E) As a result of the Epidemiological Investigation and Evaluation Committee’s assessment of relevance to duties and deliberation, although it is known that benents were based on limited grounds, but the benents of the results of the exposure level evaluation were not detected, and the possibility of exposure to benents was not verified otherwise. The deceased’s disease of this case was lower in terms of business relevance, on the ground that the period of exposure to benthyal exposure of the deceased was short, and there were insufficient epidemiological grounds for the relationship between benthyd and the instant injury and disease.

6) Medical opinions on the deceased’s injury and disease of this case

A) Epidemiological investigation report of the Korea Occupational Safety and Health Institute ( November 28, 2016) by the Korea Occupational Safety and Health Agency

○ The instant injury and disease is one type of non-finkin species, and non-finkin species are all suffering from the malicious species, which are the malicious species generated from the forest organization, and they are extremely bad. According to the cancer registration statistics in 2012, non-finkin species account for 2% of the total cancer generated in Korea and were 9.0% of the total population per 100,000 population. The gender ratio per male was 1.31. The total age group of male and female was 50%, and 70% was 22.2%, 21.1%, and 60% of the total amount was 19.7%.

As a risk factor of the non-patitis species, the immunodeficiency function degradation and EBV virus is well known. In the case of a self-exempt disease, such as congenital immunodeficiency syndrome, acquired immunodeficiencydeficiency syndrome (HE), immunodeficiency immunodeficiency syndrome, immunodeficiency medication medication, organ transplant, satitis, etc., the risk of non-patitis species increases. Other factors include C-patitis virus, BCG vaccinations, blood transfusion, anti-hatitis, anti-hatitis, etc.

Many studies were conducted with respect to the relationship between ○ben and benpindye, but there was controversy over the fact that there was no significant connection. International Cancer Research Institute affiliated with the World Health Organization designated 1st cendye as 1st cendyecincincincincincincincincincincincincincincincincinc in 2009, and announced that bencincincincincincincincincincinc in 209. Two can be explained before the occurrence of forest species. However, the bencincincincincincincincincincincincincincincincincincincincinc incincincinc incincincincinc incincinc incincincinc incincinc incincin

○ The International Cancer Research Institute(OO) designated Sychodedehydehydehydehyde as a group of 1 cancer, and assessed that there are sufficient grounds for non-human two cancer and baldehydehydehydehydehydehydehydehyehyehyehyehyehyehyehyehyehyehyehyehyehyehyehyehyehyehyehyehyehyehyehyehye

B) The E Hospital occupational environment department and the medical record appraisal report ( March 5, 2019)

Although it is not clear that the accurate cause of the ○ non-hindial species has not been identified, it is known as a factor to increase the risk of the non-hindial species, such as human immunodeficiency virus infection (HIV), organ transplant who is subject to immunodeficiency control, family records of non-hindindind species, self-findind species, Type II diseases, cindic disease, radiation therapy, anti-hindial cancer treatment, etc.

There is a study that the relative risk of the non-finite species increases by 1.22 times in the event of exposure to organic solvents containing bee and beeute, but there is controversy that other studies have no relevance. The International Cancer Research Institute classified benchings into a military unit with limited evidence for the possibility of inducing non-finite species. The bench exposure relationship between the bench exposure and the finite species is not clear. In research that there is a relationship between the benching and the finite species, the 5-20-year average period between exposure and the 10-year average period between exposure and the finite species. In Korea, non-finite species are constantly approved as occupational cancer, but most of the research results from bench exposure.

○○ Hodedehyde has sufficient evidence of non-human disease and brudial disease in relation to the development of human body cancer, and it is classified as limited grounds for non-crupt cancer. In the research of large-scale cocot for workers engaged in the exposure industry, it seems that there is no connection with non-prut species.

Toluene and sirens mainly act on the mid-tour boundary and may cause degradation of memory, etc., but the basis of cryrity is insufficient.

There is no basis for ○○ and long-time work to increase the risk of the outbreak of the non-spedic species until now. In the case of night shift work, there are some dynamic research reports on increasing the risk of the non-spedic species from persons who have been in the past at night shift work, but there is a combination of studies that do not so, there is lack grounds for recognizing the relationship between the night shift work and the non-spedic species.

○○○ was unlikely to be exposed to bents, and even if being exposed, it is difficult to deem that bents were the cause of the instant injury and disease in light of the level of exposure, exposure period, locking period, etc. In short, there is lack of grounds for strophathythy, Toluene, and Crenren to the effect that strokes caused the instant injury and disease. The rate of the occurrence of the non-stroke species is deemed to have increased considerably since 50 years of age. As such, the deceased’s age at the time of the diagnosis falls under the age class in which the risk of the instant injury and disease is likely to be high, and there is no other special factor that may be the cause of the non-stroke species from the medical record to the deceased.

C) Medical records in the blood species of F Hospital and appraisal report ( April 20, 2019)

In the medical record of the deceased, there is no risk to consider as the cause of the outbreak due to the lack of confirmation on the state of immunity or special disease history of the deceased. In light of the records of the deceased’s medical record, the exposure to light of the lack of years, HIV infection, C infection, liver infection, blurine, and immunodeficiency disease are not verified until now.

It is difficult to conclude a clear conclusion due to the combination of studies that are related to non-definite species, including the instant injury and disease, and research that do not. Although the current bents are higher than other chemical products, it is difficult to disregard without delay the outcome of research on the fact that bents and luene exposure is related to the instant injury and disease.

Although there is a study that there is a relationship between the risk rate of the outbreak compared to the exposure of individual chemical substances in the case of multiple exposure to organic agents, such as ○ben and Toluene, the interpretation of whether the additional risk of the outbreak increases compared to the exposure of individual chemical substances is scarcity and the research results are insufficient.

Although there has been a study that the relationship with non-findind type was high in the event of exposure to long-term occupational stress for at least 15 years, the relationship with the development rate is not sufficiently meaningful when the period of less than 15 years is less than 15 years. Therefore, there is no sufficient medical basis that the work hours of the deceased were significant situations related to the development of the outbreak.

D) G organization fact inquiry reply ( August 21, 2019)

○ The instant injury and disease are one of the types of non-pactinant species. The International Cancer Research Institute shall report that there is a relation between non-pactinant species and 1,3-Badidiene, chloroethylene, Trichlorochloroethylene, terrichloroethylene, styphene, polychlorochlorool, etc. The 1,3-Badiene is adequate for epidemic grounds, but the epidem and ethylene are limited in epidemic grounds, and the other substances are reported to be related, but it is uncertain that it is still uncertain.

○ The likelihood of exposure to the above organic chemical increases, which leads to the occurrence of a sprinke. The risk of the chemical is different depending on the substance and the risk of approximately one to three times is increased. If exposure is made to the multiple chemicals known as related to the occurrence of non-sprinke species, the possibility of the sprinke may not be ruled out, compared to the single exposure.

7) Details of failure to submit relevant data

On July 18, 2019, the court issued a reply to the instant company to the effect that “the instant company was entrusted with the delivery of documents regarding the production process of mixing products of this case and structural data, punched instrument model and time-based work data used in the production process, the data related to the production of the instant collaborative products, the data related to the deceased, superior, and the final manager of the production process, the list of workers in the production process, the data related to the production process and the division of duties, and the Chemical Management Register.” However, the instant company sent a reply to the effect that “the documents entrusted cannot be found due to the reasons such as the relocation of the head office, the change of the representative director, and the withdrawal of the employee in charge.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 through 9, Eul evidence Nos. 1 through 6 and images, the result of each request for the appraisal of medical records to E hospital heads of this court, F hospital heads of F hospital heads, the result of the fact inquiry to G organizations of this court, the purport of the whole pleadings

D. Determination

1) Relevant legal principles

A) The purpose of the industrial accident compensation insurance system is not to transfer the risks of industrial safety and health that may arise in the workplace to either business owner or employee, but to share them in the industry and society through public insurance. This system works indirectly as inducing workers to improve the inferior working environment, and ultimately, by providing the minimum social safety network for the safety and health of workers who are capable of being alienated in the course of economic and industrial development, thereby contributing to the stable development of industry and economic growth by reducing social conflicts and costs. The causes of industrial accidents in the traditional industrial sector are identified to a certain extent. However, in the traditional industrial sector, there are many cases where there are no empirical and theoretical research results on the so-called so-called “occupational disease” that may arise in the workplace at work sites. High-tech industries frequently change chemicals used at work sites as soon as the development speed, and it is not easy to find out the existence of industrial accidents and the causes thereof ex post facto in such cases, and there are no need to readily conclude that chemical substances are exposed to various kinds of harm in the field of safety and safety measures to prevent the use of chemical substances in advance.

B) The industrial accident compensation insurance system is a premise of negligence liability, and it is based on the premise that the company and others are responsible for industrial accident compensation insurance without asking for the fault of the company, and the entire cost of the society is shared. These functions, such as lubric oil, which the industrial society smoothly maintains and develops, have a greater significance in high-tech industrial sector. This is because high-tech industry may be faced with situations where it should be faced with an uncertain risk. This is because the insurance preparing for such risk has a function to compensate for the sacrifice of workers, but encourage the development of high-tech industry. The need for adjustment of interest, etc. and the social function of industrial accident compensation insurance should be systematically reflected in the process of determining causation that serves as a critical requirement to determine whether to pay industrial

C) In order to recognize a disease due to an occupational cause as stipulated under Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act, there must be a causal relationship between the occupational and the disease, and the burden of proof is, in principle, on the part of an employee. The causal relationship as referred to in this context does not necessarily have to be clearly proven medical and natural, and where proximate causal relationship is acknowledged from a legal and normative standpoint, it should be deemed that there is proof thereof. The causal relationship can be acknowledged through a reasonable drilling in accordance with the empirical rule and social norms, taking into account various circumstances, such as the health condition of an employee at the time of employment, the cause of the disease, whether there was a material likely to cause the outbreak at the workplace, whether there was a cause of the outbreak at the workplace, and the period of work at the workplace where the cause of the occurrence exists

D) As seen above, considering the practical and normative reasons to protect workers from a disease caused by toxic chemicals in an industrial accident compensation insurance in the high-tech industry, and the purpose and function of the industrial accident compensation insurance system, etc. comprehensively, it is difficult to readily deny the causal relationship solely based on the factors suspected as the cause of the outbreak and the worker’s disease are difficult in the present significance and natural science level, even if it is difficult to clearly identify the causal relationship between the factors suspected of the outbreak and the worker’s disease because the research results are not adequate. In particular, if there are special circumstances, such as the outbreak rate or certain age representative rate of the disease in a specific industry group or a specific workplace compared to the average disease rate by age, compared to the average disease rate by which the disease occurred, the business owner’s refusal to cooperate, or the investigation refusal or delay by the relevant administrative agency, etc., this may be considered as an indirect facts favorable to workers at the stage of recognizing proximate causal relationship. Furthermore, if there is a possibility that there is a specific risk that the harmful factor or multiple harmful factors exist in the working environment (see Supreme Court Decision 20187Da267).

2) Specific determination

Examining the following facts revealed in light of the overall purport of the pleading as seen earlier in light of the foregoing legal doctrine, the Deceased may be deemed to have continuously been exposed to harmful substances generated at the instant workplace and caused the instant injury and disease, and may be deemed to have caused the death due to the aggravation of the injury and disease. Therefore, a proximate causal relation exists between the death and the duties of the Deceased.

가) 망인은 이 사건 세라믹 제품 제조공정 중 펀칭 공정에서 근무하였는데, 이는 시트성형 공정 이후 단계에서 제품에 홀을 가공하는 작업이므로 시트성형 공정에서 사용하거나 발생한 유해물질이 작업 과정에서 펀칭 공정 근무자에게 영향을 미칠 가능성이 있다. 또한 펀칭 공정에서 접착식 끈끈이 롤러를 사용하여 이물질 제거작업을 하였는데 롤러에 휘발성 유기화합물이 사용되었을 가능성도 배제할 수 없다. 나아가 펀칭 공정 외에 각 공정의 작업 장소들은 층별로 하나의 공조시스템을 사용하였고 내부적으로 공기를 재순환하는 클린룸 설비의 특성상 다른 작업 장소에서 발생한 유해물질에 함께 노출되었을 가능성이 높다. 실제로 이 사건 역학조사에서는 펀칭 공정에서 직접 사용하지 않는 톨루엔이 배합실보다 높은 수치로 검출되었고, 배합실에서는 검출되지 않은 자일렌과 포름알데히드도 펀칭 공정에서 검출되었다. 포름알데히드 측정결과는 노출기준의 30~50%에 해당하여 그 노출수준도 결코 낮다고 보기 어렵다.

B) However, the punching process was located on the first floor of the workplace of this case at the time when the Deceased works. The punching process was located in the punching process room and the punching room. Accordingly, if the Deceased was exposed to harmful substances of other processes through the cooperative system, the target is the process that is carried out in the processing room and booming room, and multiple hazardous chemicals were used in the processing room and booming room, such as alton, uripropycoppy, metal-sharing, yellow acid, etc. Nevertheless, in the instant epidemiological investigation, even though there was a change in the working place, it is difficult to readily conclude that the Deceased was exposed to the processing room and bunching room located on the first floor and bunching room. Accordingly, it is difficult to conclude that the results measured in the instant epidemiological investigation alone alone did not have any possibility of being exposed to bench in the workplace of this case, nor did it have been exposed to the level of lusium, lusium and lusium.

C) In the working environment measurement conducted from the second half of 2012 to the first half of 2015 with respect to the instant workplace, the working environment measurement for the instant workplace was not conducted on the ground that the punching process was not placed for employees on the ground that the punching process was not temporary work and is not placed. In light of the fact that the deceased worked inside and outside 6.5 hours a week due to overtime work and overtime work in addition to the two punching work in addition to the two punching work, it is highly likely that the deceased would have worked for a considerable period of time in addition to the cunching work in which the equipment is operated only when necessary due to temporary work, the deceased may be exposed to other kinds of harmful substances or more harmful substances. On the contrary, if the deceased worked only in punching work, it can be evaluated that the instant company has lost the opportunity to measure the working environment of punching or special health for the deceased by providing wrong information about the work environment at the time of working environment measurement.

However, the instant company did not submit data on the work division or punched work quantity, etc. of the production process of the instant ready-mixed products that can objectively verify the deceased’s work process. In addition, in the working environment measurement conducted from the second half to the first half of 2012 to the first half of 2015, it was not conducted for the entire business site of the instant case, such as gender. Accordingly, even when considering the results of each work environment measurement conducted before the instant epidemiological investigation, it was difficult for the Plaintiff to prove the type or degree of exposure of the exposed hazardous chemicals in detail and objective manner while working at the instant business site.

D) According to the instant epidemiological investigation, Toluene was detected in punching process, and all of them are the hydropact hydrocarbons converted into methyl. Even if the epidemiological causal relationship is not clearly identified due to lack of medical research as to whether such volatile organic compound causes non-hypine species, it should not readily deny the legal and normative causal relationship solely on such fact. Moreover, non-hyp dyp dyp dyp dyp dyp dyp dyp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp syp.

E) The instant epidemiological investigation and the instant working environment measurement conducted from the first half to the second half of the year 2012 were conducted within the permissible limit of exposure to a working environment. However, the permissible limit of exposure to a working environment is premised on the exposure to a single substance. In a case where the harmful elements of the working environment are combinedly exposed to various hazardous chemicals or performing a weekly or night shift work, the risk of the occurrence of a disease may increase by causing each other. As seen earlier, multiple hazardous chemicals have been used or occurred in the instant business establishment, and the Deceased is highly likely to have been combined exposed. As such, the Deceased continued to work for about three years and five months in the instant business establishment, and it is difficult to readily conclude that the period during which exposure to hazardous chemicals has been made is extremely short of the maximum of the maximum of 14.5 hours in the instant work. Moreover, it is difficult for the Deceased to deny exposure to an individual protective protective outfit at the time of measuring the likelihood of exposure to hazardous chemicals due to its failure to meet the permissible level of exposure to other employees.

F) As it is known to be a risk factor of a non-patum satisf type, it appears that the deceased has accumulated to the deceased since he/she worked inside and outside 10.5 hours a day, for at least 6 days a week, and it is difficult to eliminate the possibility that such excess has caused the degradation of the immunodeficiency function.

G) Non-find's disease, to which the instant injury occurred, is one hundred thousands of disease. Although at the time of the instant injury diagnosis, the Deceased belonged to the age group of 51 in 50,000 with a high rate of 50 non-find's disease. However, the Deceased did not have immunity or various viruses, Type 2 viruss, and bind's disease before the instant injury diagnosis, and there was no particular family history related to non-find's disease or treatment, and there was no particular family history related to non-find's disease. The Deceased operated a private teaching institute prior to work at the instant workplace, and engaged in a type of business that is not related to the treatment of chemical substances.

3. Conclusion

The plaintiff's claim is reasonable, and it is so decided as per Disposition.

Judges

judges of the presiding judge;

Judges Park Nam-jin

Judges Cho Gyeong-soo

Attached Form

A person shall be appointed.

A person shall be appointed.