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

A. On September 1, 2009, the Plaintiff’s husband’s Mab○○○ (hereinafter referred to as “the Deceased”) was working in the special lecture located in the Sungdong located in the Sungdong-gu, Ansan-si on March 13, 2014, after cleaning the so-called “the instant accident” (hereinafter referred to as “the instant accident”), wherein the Plaintiff’s son was faced with damage to the severe sloping pressure damage in the right part of the complete part above the right side, damage to the sloping pressure of the front part, damage to the right part of the front part, the right part and the sloping part of the upper part to the right part of the upper part, the front part of the river part and the back part to the right part of this case (hereinafter referred to as “the front part and the back part of this case”) and approved by the Defendant 2.

나 . 망인은 이 사건 재해를 입은 후 안산시 단원구 소재 ○○병원 , 서울 영등포구 소 재 ●●●●병원에서 요양치료를 받았는데 , 2014 . 10 . 4 . ●●●● 병원의 창고 천장 나 무기둥에 줄을 설치한 후 목을 매어 자살하였다 .

C. The Plaintiff claimed for the payment of bereaved family benefits and funeral expenses to the Defendant, but the Defendant rendered a disposition to refuse the payment on January 21, 2015 on the ground that “the deceased’s suicide is not recognized as a trade-free disaster, since there is no medical basis to deem that there was no mental diagnosis in relation to the instant disaster or injury and there was no other mental disorder (hereinafter “the instant disposition”).

D. The Plaintiff filed a request for review with the Defendant on the instant disposition, but the request for review was dismissed on April 20, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3 through 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Relevant statutes

As shown in the attached Form.

(b) Facts of recognition;

1) Details of the deceased’s medical treatment and treatment

A) On March 14, 2014, the Deceased was diagnosed as follows: (a) from a physician who suffered from the instant disaster, “the occurrence of the fluoral typosis caused by damage to the fluoral and severe skin sphere spherosis; (b) there is a very poor honorable treatment due to the severe pressure sphere and sphere damage; (c) the price of the bluoral sphere is all flue and unstable; and (d) the bluoral sphere is too seriously flud and then he was diagnosed as a future brue.

B) At ○○ Hospital on March 14, 2014, the Deceased took part in the refluoral refluoral bluoral bluoral bluoral bluoral bluoral bluoral bluoral bluoral bluoral bluoral bluoral bluoral bluoral bluoralsium, on April 9, 2014; on April 21, 2014, the Deceased took part in the refluoral bluoral bluoral bluoral bluoral bluoral bluoral bluoral bluoral bluoral blusium; and on June 5, 2014.

C) On September 16, 2014, the Deceased was diagnosed on the following occasions: (a) on September 16, 2014, with a bend of the right hand 20 degrees; (b) 50 degrees in the lubow and the labing 50% reduction in the lab; and (c) the Deceased was diagnosed.

D) After the disaster in this case occurred, the Deceased her was melting, her lushed, her lushed, and her lushed, her lushed, and her lushed, and her lushed, her he/she applied to heavy pains or heavy pains on the part of the wound during the treatment process of the disaster in this case, and her ethyl he/she recovered from lushed, inter alia, two months following the death.

Since August 2014, the frequency was frequent.

E) The deceased did not receive the treatment or treatment as a mental and medical history prior to the occurrence of the instant disaster.

2) After the occurrence of the instant accident, the Deceased’s speech and behavior during the suicide period.

A) The Deceased had a usual and resistant nature. After the operation on the injury and disease of this case, the Deceased complained of pain to the head of the ○○ Hospital in the heart without relaxing pains.

B) Unlike in the case of the disaster of this case, the Deceased took a bath for the family members or sponsing the spons, and was sponsed by the nature of the deceased.

C) After being hospitalized in the hospital, the Deceased was alleviated to the nurse, and there was a fluorous and fluorous statement that the nurse was alleviated, and on the other hand, there were many talks that he would sell to the surrounding people.

3) Medical opinions

A) Opinions of deliberation by the Defendant’s advisory society

Since the deceased did not have the ability to receive treatment from a mental disorder, and there is no basis for the occurrence of suicide due to mental disorder, it is difficult to recognize the causal relationship between the disaster in this case and the deceased's suicide.

B) Results of the court’s entrustment of appraisal of medical records to the Korean Medical Doctor Association

(1) The appraisal of both parties outside of prison capacity and

The pain of the Deceased’s appeal is considered to fall under the level of 8 to 9 out of the 10th stage. The Deceased’s physical ability was reduced, sensitive rooms, and low fluorial symptoms, etc. It seems that there was no possibility of recovery at a level similar to normal conditions. On the continuous exposure to pain, one’s daily life may be difficult, and where such situation continues and worsens, it may go at the time of physical disability, and may blurgs. The Deceased was administered with the fluort and fluort stones, etc. as part of the fluoral therapy as part of the fluoral therapy. Considering that there was a possibility of suicide or behavior against the fluort patient under the overall conditions of the fluoral and fluoral therapy, the Deceased’s suicide response is likely to appear in the future, given that the fluoral and fluoral surgery in the fluoral therapy of the fluoral disease.

(2) The appraisal of a psychiatrist;

In spite of continuous pharmacologic treatment, the deceased is presumed to have been considerably difficult due to the pain and low fluorites on the right side, etc., however, there is no mentioning of symptoms related to depression other than fluorics. In the case of the deceased, the deceased was frequently administered fluort, etc. for the mitigation of fluorics, such as fluoring the fluort, and fluort, the non-narcotics fluort, etc., in order to alleviate fluorics, the deceased did not have any side effect or side effect of the fluort, and the fluort also did not have any side effect on the fluort, and it is presumed that there was no side effect on the fluorous drugs. In the case of the deceased, it is difficult to view that the fluorics and side effects on the fluorous drugs were unlikely to cause severe pains despite the continuous treatment or side effects on the deceased.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5 through 10, Eul evidence Nos. 1 through 3 (including each number number for items with numbers), and the purport of the whole of the arguments and arguments against the Korean Medical Association

C. Determination

1) According to Article 37(2) of the Industrial Accident Compensation Insurance Act and Article 36 of the Enforcement Decree of the same Act, with respect to a worker’s intentional self-injury or death caused by such injury, it shall not be recognized as a business-free accident in principle. However, in a case where a worker who received or is receiving a medical treatment for a mental illness caused by an occupational reason does self-injury and dies in a state of mental disorder caused by an occupational accident, ② in a case where a worker receiving medical care due to an occupational accident causes a death by self-injury in a state of mental disorder caused by the occupational accident, the worker’s death is exceptionally recognized as an occupational accident only in the case where it is medically recognized that the worker’s death by self-injury in a state of mental disorder caused by an occupational accident. Accordingly, in a case where the worker’s death was caused by suicide during the medical care for a occupational disease, the worker’s death is the first occupational accident and thus, the worker’s death is missing

The existence of a proximate causal relationship between death and business should be determined only when the suicide was committed. Determination of the existence of such proximate causal relationship should comprehensively take into account the degree of the disease or symptoms of the person who committed the suicide, the general symptoms of the disease, the period of medical care, the possibility of recovery, whether or not there is a possibility of recovery, the age, physical, psychological conditions, the surrounding circumstances of the person who committed the suicide, the developments leading up to the suicide, etc. (see Supreme Court Decisions 93Nu9392, Dec. 14, 1993; 2010Du8553, Aug. 19, 201).

2) According to the above facts, the deceased may confirm the fact that he suffered considerable pain and pain due to continued surgery and treatment, etc. after the disaster in this case, and caused considerable stress. However, it is known that the deceased was aware that the drugs used or administered prior to his suicide were to cause side effects, such as depression and impulse of suicide, etc. However, the deceased’s clothes were within the treatment capacity or recommended capacity, and there was no particular petition for side effects of drugs. Furthermore, there is no objective evidence to recognize that the deceased had conducted abnormal speech and behavior, or received treatment in relation to his mental or physical symptoms at the time of his suicide. The mental doctor’s opinion expressed in the result of the examination of the medical record examination of the medical record examination of the Medical Doctor Association of Korea is difficult to view that the deceased’s medical opinion was in a state of mental disorder around the time of his suicide.

In light of these circumstances, it is difficult to view that the deceased's injury caused by the injury in this case caused suicide due to his mental disorder or mental distress, or due to his normal perception, ability to choose an act, or ability to restrain mental disorder. Therefore, the deceased's death cannot be deemed as an accident on duty.

D. Sub-committee

The disposition of this case is legitimate, and the plaintiff's assertion disputing this is without merit.

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

Judges Kim Jong-Un

Judges Kim Tae-won

▣ 산업재해보상보험법

Article 5 (Definition)

The terms used in this Act shall be defined as follows:

1. The term "occupational accident" means an injury, disease, disability or death of a worker caused by an occupational reason;

Article 37 (Standards for Recognition of Occupational Accidents)

(2) The business of self-injury or criminal acts committed by a worker or injury, disease, disability or death caused by such act shall be the business.

The injury, disease, disability, or death shall not be deemed a free disaster: Provided, That it is evident that the normal perception ability, etc. of the injury, disease, disability, or death is apparent.

A occupational accident in the event that an act was done under a degradation and there is a ground prescribed by Presidential Decree;

shall be deemed to be a case.

▣ 산업재해보상보험법 시행령

Article 36 (Standards for Recognition of Occupational Accidents Due to Self-Hain)

"Grounds prescribed by Presidential Decree" in the proviso to Article 37 (2) of the Act means any of the following cases:

1. A person who has received or is receiving medical treatment for mental illness arising from a work-related ground, in a state of mental disorder;

in the event of an act of prejudice;

2. A person who does self-harm in a state of mental disorder caused by an occupational accident;

In the case

3. Other cases in which the fact that self-harm is done in a state of mental disorder due to a work-related reason is medically recognized.

end, as the case may be.