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(영문) 서울행법 2016. 1. 28. 선고 2013구합53677 판결

[유족급여및장의비부지급처분취소] 항소[각공2016상,163]

Main Issues

The case holding that in the case where Gap et al., who became a member of the semiconductor business division and worked for about 6 years and 2 months in semiconductor business division and retired as health or health, was diagnosed by the care of the boundary of the left-hand scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic sche

Summary of Judgment

In a case where Gap et al., employed in the semiconductor business division for about 6 years and 2 months after becoming a member of the semiconductor corporation and retired from the health disorder for about 6 years and thirth two months, and died after being diagnosed by the care such as the scarcity scarcity of the left-hand scarke, and the father of Eul et al. died after being diagnosed by the scarcity scarke, and the father of Eul claimed for survivors' benefits and funeral expenses to the Korea Workers' Compensation and Welfare Corporation, but the Korea Workers' Compensation and Welfare Corporation disposed of the site wages, the case holding that since the scarcity scarke, particularly the scarcity scarcity scarcity scarke, which occurred to Eul, is low, and the outbreak causes and causes of the outbreak are medically clearly revealed, and thus, the scarke scarke scarke scarke scarke scarke scarke scarke scar scarke scar scar s s, and thus, it continuedly aggravated s s.

[Reference Provisions]

Article 5(1) and Article 37(1) of the Industrial Accident Compensation Insurance Act

Plaintiff

Plaintiff (Attorney Gi Ji-jin et al., Counsel for the plaintiff-appellant)

Defendant

Korea Labor Welfare Corporation

Conclusion of Pleadings

October 8, 2015

Text

1. On February 15, 2013, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff is 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 April 17, 1993, the deceased non-party 1 (hereinafter referred to as "the deceased") entered Samsung Electronic Co., Ltd. (hereinafter "Tsung") and worked for 6 years and 2 months in the connection process of the gold line of this Agreement, which is 2 ○○○ Business Department of semiconductor, and went back on June 30, 199 on the ground of health higher than that of the old soil and dubane. < Amended by Presidential Decree No. 15098, Jun. 30, 199>

B. On May 3, 200, the Deceased National University of Macheon-do was diagnosed by the care of the boundary of the accident in the left, and was performed on November 27, 2000. On August 2004, the Deceased was diagnosed by the malicious species and the workplace transfer of the accident, and was diagnosed by the care of the bad species and the workplace transfer on August 23, 2004. However, on November 201, the Deceased National University of Macheon-do was diagnosed by the workplace, protection, and bones transfer of the accident in the left. On January 4, 2012, the Deceased died after being diagnosed by the workplace, protection, and bones transfer of the accident in the left.

C. On April 26, 2012, the Plaintiff, as the deceased, claimed that the death of the deceased constituted an occupational accident, and claimed the bereaved family’s benefits and funeral expenses to the Defendant.

D. On June 25, 2012, the Defendant requested the Korea Occupational Safety and Health Institute to conduct an epidemiological investigation of occupational diseases, and the occupational health and safety research institute conducted an epidemiological investigation of occupational diseases (hereinafter “instant epidemiological investigation”), and sent the result to the Defendant on January 28, 2013.

E. On February 13, 2013, the Daejeon Occupational Disease Determination Committee determined that the deceased’s disease was not recognized as an occupational disease under the Industrial Accident Compensation Insurance Act, on the ground that “A hazardous substance known to be related to dysia is asbestos, slope, radiation, etc. according to the results of the instant epidemiological investigation, but it is judged that the risk of dysium is low since the said substance was not treated in the process in which the deceased’s work was conducted, and there is no objective ground for the deceased’s exposure to the toxic substance known as hazardous factors at the workplace, and it is difficult to recognize a proximate causal relation between the deceased’s death and the work.”

F. On February 15, 2013, the Defendant decided on February 15, 2013 to pay the Plaintiff’s survivors’ benefits and funeral expenses according to the result of the judgment rendered by the Daejeon Committee for Determination of Occupational Diseases (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1 to 4, Gap evidence 3-1, 2, Gap evidence 18, 29, Eul evidence 1, 2, and 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The Deceased was regularly exposed to harmful chemical substances, such as dynasium and washing agents, while performing his/her duties at the workplace, and continuously exposed to harmful chemical substances emitted from neighboring processes. In particular, the volatile organic substances discharged at the time of the heating of dynasium were included in the dynasium and reproductive toxic substance, and among which the dynasium was deemed related to dynasium cancer. In addition, the Deceased had been in shift for more than six years, and the Deceased had a long-term shift work, and there was a result that the risk of dynasium outbreak is high compared to those of those women who did not.

In the case of the deceased, such harmful factors are deemed to have been caused by the combination of harmful factors, and the death of the deceased is ultimately caused by the climatic cancer, and thus, the death of the deceased constitutes an occupational accident.

B. Facts of recognition

(i)the details of the outbreak, treatment and death;

① On June 30, 1999, the Deceased went out to death above health, such as the expansion of the mouth and dunes.

② On April 20, 200, the Deceased was hospitalized in the Bocheon University Hospital. On May 3, 2000, the Deceased was diagnosed as a result of the organizational inspection, and was conducted on November 27, 2000 on the left-hand part of the waldation and removal operation.

③ However, the left-hand form was re-exploited and re-exploited in April 2003.

④ On August 2004, the Deceased was diagnosed by the malicious species and workplace transfer of the left-hand dynasty, and received an hynasium therapy on August 23, 2004 on the left-hand dynasium, and received an hynasium therapy thereafter.

⑤ On October 24, 2011, the Deceased continued to undergo a surgery due to the scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scop

(ii) characteristics of the disease;

(a) The deceased’s diagnosis name: A pro-border inter-regional bankruptcy bankruptcy, such as Mucination cancer of the type of cells.

B) General characteristics of dysia

○ Track cancer is classified into upper cell cancer, part of cell cells, and scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic cancer.

According to the cancer registration statistics of the Central Cancer Registration Headquarters, in 2003 to 2005, 132,941 cancer patients occurred, among them, about 1.1% of the total cancer were 1,512 cases per annual average.40 price per age group was the largest of 23.3%, 50 to 21.8%, 60 to 17.5%, and 62.5% occurred after 40 times. The standardization rate of 0,000 won per 0,000, and 20 to 2.5 items per 0,000.

In the course of “inhuman science” published by the Korea Human Resources Commission (No. 4), at least 80% of the upper skin cancer is discovered for women after the closure thereof, and the triggering age of the upper skin cancer is 56 to 60, and the average age of the fluoral typhoid cancer is 46.

It is not known that the outbreak and the outbreak of the dyscopic cancer are not accurately, and there are many cases where most of the dyscopic cancer patients cannot find special causes.

Most of the subfertility cancers are not genetic, and only 5 to 10% of subfertilitys have a genetic nature, but it is known that the probability of the outbreak in case of family ability is high.

It is known that early early, late, and late closures are high in risk of the outbreak of scarcity cancer.

Asbestos, active, and radiation exposure is likely to be highly likely to cause scopic cancer due to environmental factors. Asbestos or active is presumed to cause scopic scopic scopic scopic scopic scopic scopic scopic scopics through scopic scopics and scopic scopics

International Cancer Research Institute (IARC) classify dysane cancer as “cams which have the grounds for restriction on human body,” i.e., after-mathmon treatment, smoking, and asbestos exposure as “cams which have the grounds for restriction on human body,” i.e., e., e., e., e., e., e., e., e., e., e., e.,

C) Characteristics of fluorite cancer

Unlike the report of the initial research literature, it is known that the primary dysia is relatively less shaking, and the fact that the primary dysia is only 3% of the total dysia has been recently presented. The dystosia is difficult to view that there is a general explanation model about the natural death or progress of the disease among the total dystosia.

It is interpreted that the various forms of step-wisea, which leads to the cultivation from the range of ste-wisesety to the boundary and maliciousity in a single species, has a tendency to go through step-by-steps in the training of these species. In particular, this tendency is derived from the dives of the type of cells in a systematic fashion.

3) Working content and working environment of the Deceased

(A) work experience;

The Deceased worked in the connection process of Samsung Electronic ○○○ Business Place, which is 2 d in this Agreement.

The Deceased was employed on April 17, 1993 and worked as a member for four years and six months in the gold line connection process, and on October 1, 1997, the Deceased served as a member in the same process for one year and nine months until he retires on June 30, 1999.

B)working environment

The ○ Samsung Industries’s climate interest and e-mail’s chip are engaged in manufacturing and processing wafers (a semiconductor chip separated by piece), and the ○○ Business Place is in charge of wafer assembly. Two Rabs are composed of two buildings (this Dong and F Dong). Two Rab automatic lines, cutting lines, chips connection, gold lines, chips connection, mring, etc. are under way, and two Rabs are engaged in the process of manufacturing and processing wafers.

The main Dong, ○○ 2Ra, is located in cutting, chipsing, connection with gold lines, and gender-type operations, except sex punishment, are called frront operations. The process from sex to before inspection is called pacage operations.

○ Infrt process, cutting, chipsing, and gold-line connecting process are not physically divided, but belong to the same ventilation system. The frt process and sex-type process are physically divided into double walls, and they are installed a shower system. The frt process and pacling process are different from the standards for the management of non-resident in the workplace.

It is confirmed that the deceased was on duty by suffering from the depression from the time of his membership.

C) Specific work content

In the pre-stage chipsing process, which is the entire phase of the gold line connection process, the chips chips mated waferer by using the epoxy on the led presse (leady) and heating at the ear range (at the time of the instant epidemiological investigation, gold tape was used by the epoxy at the time of the instant epidemiological investigation, but the epoxy was used at the time of the deceased’s work). The time heatd in the ear range was required to exceed 30 minutes if it exceeds 240 minutes and includes cooling time.

After the cooling of a light frame at 00 x, the gold lines are moved to the common operation of the gold line connecting process by workers who aid a fair inter-party movement (40 metal presses entered). On the other hand, in the case of a part of chip contact equipment (sway-swaying equipment), some chips contact equipment have a function inside the equipment and have a function inside the equipment, and have been moved to the gold line connecting process after being heated inside the equipment (in the case of moving from the close-sliding machine through a simplified range, a smelled worker’s statement was found to have been swayed when being transported at a separate range).

In the Franchis connection process, the connections between the chips and the drid presses in the surrounding parts of the chips were connected to the gold lines. The Franchis connection work workers brought to the franchis linking the gold lines with the gold lines. They operated the machinery by the Franchising process.

The details of the process of connecting gold lines are as follows:

A person shall be appointed.

Table 1 In the main text, the chip block shall be dried at least 225 degrees cm. ② A in the mother customs office in the shape of today, gold lines shall be emitted (wire, 30 degrees). ③ The string of gold lines shall be melted at the temperature of at least 100 degrees east. ④ The melted gold shall be melted at the end of the gold line in the temperature of at least 100 degrees east. ④ The string of the chip shall be contacted with the surface length. ⑤ In this case, the temperature of the chip is the degree of 300 through 50 degrees east. ② The string of the string line shall be the end of the mother customs office at the end of the set pressure and time, and the string line shall be folded by using the string line to the string line at the end of the customs office. ③ The string line shall be tight to the end of the customs office after the end of the string line.

○ Work, which is exposed to the core of a breathing zone, was conducted intermittently as follows.

See Table 1 in the main text, the replacement of a mother customs office is the most adjacent work to chips within the equipment, including normal replacement, defective replacement, etc., and is presumed to have been used for about 18 to 27 minutes per unit in average three minutes of the replacement hours per unit. ② The replacement of a gold line was conducted for about 10 to 15 minutes per unit work, and the device managed by the work operator was about 3 to 15 minutes per day, so it is presumed to have been used for about 9 to 15 minutes per unit work. ③ The replacement hours per unit work is presumed to have been used for about 3 minutes per unit work. ③ The average of 1 to 30 minutes per unit for semiconductor chips installed in the equipment from time to time after the replacement of a mother customs office, the connection of a gold line, the input input work, etc. is presumed to have been used for about 3 minutes per unit work of semiconductor chips.

At the time when ○○ was employed by the Deceased, the number of confectioners was approximately approximately 200, and 10 to 16 units per worker were in charge of the worker. The confectioner opened a cover ( approximately 30cm x 20cm), but there are cases where a cover is opened, and the work is performed by removing the cover for the aging equipment (in the case of the network, there is a statement by the employee who used the aging equipment).

According to the statements made by Nonparty 2 of the East Korean Workers, who were employed on January 1, 1993 and worked as an Oza (produced female workers) in the gold line connection process with the deceased at the ○○ workplace 2-D in January 2002, he was in charge of Nonparty 2, who was employed on 17,18 workers. As a person in charge of the first class group, he was responsible for not only his bad quality but also the bad quality caused by 17,18 workers, he was responsible for the analysis of the cause, and the change of the bad quality. In addition, he was in charge of not only the bad quality, but also the bad quality caused by 17,18 workers.

(D) a shift service;

In around 193, when ○○ was employed by the Deceased, two-dimensionals and three-dimensionals were combined. Under the facility model, if the number of workers in charge of the relevant facility is less than the number, it was operated as two-dimensionals, and in the case of the facilities with sufficient number of workers, it was operated as three-dimensionals. Since the mid-194, three-dimensionals were settled, and from around 1995, it was operated as four-three-dimensionals.

(iv)the exposed chemical substance;

A) Details of the instant epidemiological investigation report

The EN-4065, 8351C used in the chip contact process was various types of time, and according to the worker's report prepared by the worker's side, the deceased used the EN-4065, and 8351C at the time of his/her work, and it confirmed that he/she used EN-4066 after 1993. The EN-4065, 8351C stated that he/she was treated as many on the worker's side was not searched on any site, including Hitachi he/shec.

On the other hand, the place of business submitted the CAS (CAS No. 36) number granted to chemicals by the US Chemical Association) as follows with two kinds of gold boats handled in the gold line connection process, as well as the carbon dioxide for the removal of static electricity, and washing agents for the removal of ices (CAS No. 300 is a unique number granted to chemicals by the US Chemical Association).

AG-Epox (EN-406) content (EN-406) 1 AG-1 (EN-406) (Hitachi Chex 2-Stockholm) ethyl 15 Ethy (12-15-2) (903-36-50) (MM 740-222-4) 732 Gold bold wire (H metal) 740-57-5) 9.99 (740-05-03) 70 pu29, 30 pu29-49 (Gra2949-49) 94 (Gra29-49)

○ Eb. Epox base contact refers to synthetic resin folding agents containing Epoxide groups. A variety of additives may be added for the performance of the product in the bom folding agents. In addition, in order to promote the boming of water, a variety of additives may be produced in the process because they are heated from emitting range to high temperature (Woo 125 to 175 degrees).

(B) the cleaning process (speline connection process);

The title of the washing agents for ice removal is Cleaner 141-B (Alepha) and its component is as follows: 1,1-Dichlor-1-floran (CAS No. 1717-00-6). According to SDR, the said substance is known to have the reproductive cell transformation and reproductive toxicity.

(C)an outstanding amount of money contained in one kind of gold line (c).

(d) Rab-coped earthing operations (chip chiping operations);

○○’s statement made by Nonparty 2 of the same worker: The chip contact process used a large number of bomers, stating “EN-4065” and “8351C”, and later changed into another one.

○ Contents of each fact-finding result

- The results of the fact-finding on Samsung Electronic: chips contact process at the ○○ chip contact process and from the gender-type process, the products contained in the AG-Epoxy were used respectively in the chip contact process, and EM (Epoxy) in the gender-type process. The composition of AG-Epoxy and CAS number are wind to refer to MSS for the 'EN-4066'.

- The result of the inquiry into the fact of the Korea Typified Electronic Materials Co., Ltd. (hereinafter “Korea Typry”): The products of EN-406 are not nonexistent, and the MS for “EN-4066” are not issued by hyprypry Industries Co., Ltd. (hereinafter “EN-4066”) and it is unclear whether they are actually issued or not. On the other hand, the products of EN-4065 are not actually produced (not currently produced). The fact that the products were supplied to Samsung Electronic Co., Ltd. (hereinafter “EN-406”) in the past, but there is no record for a long time of delivery, and the time is unclear.

- 헨켈테크놀로지스(유)(이하 ‘헨켈’이라 한다)에 대한 각 사실조회 결과: 삼성전자 ○○공장에 ‘Ablebond 8351C'를 공급한 적이 있고, 그 시기는 2005년부터 2010년 5월까지로 파악되며, 2005년 이전의 경우는 기록은 보관되고 있지 않아 확인되지 아니함

The components of mDS for 0N-4065 are as listed below (as the same as EN-4066). The components of EN-4065 are as follows: “N-4065” the components of EN-4065 are as follows: “Is the nitrode pyrode, (Clomethylethyl) throphythy and biphenyls of nitrophol (delined: 1-chlororo-2, 3- Elorithypyphyphyphyphypha).”

The content of CAS Nos. (1) contained in the main sentence (SILVER) 740-22-4 73 diethyleneglycerine ethyl ether 112-15-2 15 Manitrophazide acid 112-15-2 12 mid-to-36-512 of the gravitys with (chloroethyl) biphenyls and biphenyls.

The composition of ○ 8351C(Addbon 8351C) is as follows. According to mDR, it is known that the substance has toxicity of waste, skin, snow, etc. and has the reproductive cell transformationability.

CAS Nos. or Identification Numbers (%) CAS Nos. or Identification Numbers (%) contained in the main sentence, and CAS Nos. 740-22-42-4 70-78% A mixure: 4-77, 4-Dou-2, 6-Bis (2, 3-epoxy proxl) : 4-6- [3-[6- [6- [3- [4- Dou-2, 6-Bis (2, 3- 2, 3--)] - 2-hyxypyl)-2-hydyxix Nos. 4-2, 6-2, 6-bis (2,3-2, 3-2, 4-3-2, 6-4-2 and 6-1-3-2 of the Act].

5) The deceased’s health condition and family history

In light of the health insurance content, there is no medical care benefits received by the deceased before 200 as another injury or disease. Although there is no result of the workplace health examination, there is no other medical care benefits for the deceased, according to the health care room in the workplace and the data on the treatment of the injury or injury in the workplace, there is no other medical care details except for dental treatment received around 1995.

○ The Deceased did not drink or smoke. In addition, it was investigated that there was no hobby or extracurricular activity dealing with chemicals.

○ Family Force: Family history was investigated to have no family capacity, such as there was no person who was diagnosed with dysia, and there was no person who was suffering from dysia with dysia, and there was no person who was suffering from dysia with dysia.

6) Details of the instant epidemiological investigation report

A) The work environment assessment among the instant epidemiological investigations was conducted at the vocational health research team of the occupational health and safety research team of the Industrial Safety and Health Research Institute, and the work relevance assessment was conducted at the Han River University Sung-

B) Harmful factors to dystrophum of semiconductor industry

The results of multiple co-management studies of semiconductor workers who have been announced so far, and the occurrence and risk of death of subfertility or female reproductive organ cancer did not seem to have more significant characteristics than the general population group.

In fact, the gold-line connection process used by the deceased is de facto a semiconductor (drum frame) and gold-line, and the ventilation system is co-owned in the frront process, and the air-clock dust (referring to the air-conditioning water) is treated in the connection process with the ventilation system.

The toxicity impact of ○○ Embom clcyclcyxides (hereinafter referred to as “4-V CDs”) is very diverse as much as the scope of mixed chemical substance is wide. Of these, d-V CDs are closely being studied into the d-Vxity. In the case of 4-V CDs, the toxicity of the d-V CDs, such as infertility and early lungs, is deemed to have an impact on the dynasium. However, it is not confirmed whether the d-V CD’s health impact provided at NIOSH Gad is the dynasium, not the dynasium, but the d-V CD’s health impact is the dynasium, not the dynasium’s health impact. Although 4-V CDs are combined with rubber manufacturing, waste treatment, insects, products, etc., and are exposed to the dynasium’s dynasium function, not the dynasium’s health impact.

C)Evaluation of working environment

In the ○ workplace connection process and its adjacent process, the radiation such as asbestos, sloping, etc. known as the cause of dysium cancer or related substances, X-ray, and ray are not treated. Accordingly, the working environment measurement of harmful substances in the air was not conducted.

As a result of the examination of mDR on the temporary flooded water used recently in the adjacent chip contact process, the material related to the deceased's disease was not confirmed.

As a result of a heat decomposition experiment on the EM Lbb(EMC) used in the sexual process, some organic compounds and salde were detected. A variety of chemical substances can be mixed with various chemical substances, and a variety of chemical substances can be presented about the heat decomposition products.

○ 4-vilcyclcyexe (hereinafter “4-VCH”) presented by the Plaintiff’s side, V CDs, etc. are deemed difficult to be produced by simple heat decomposition products unless other chemical substances are added to AG-Epoxy as a compound with a vinyl in the Embom during the Emop.

In conclusion, it is difficult to see that the Deceased was exposed to the material related to dystrophians.

D) Evaluation of business relevance

In the connection process of ○○, it is judged that there is a possibility that a certain work (such as the replacement of gold lines, etc.) might be inhaled into the climatic products handled in the previous process. However, only only some of the heat decomposition products of the climatic dusts may cause the toxicity of the engine such as functional charging, etc. to the climatics, and there is no basis for cancer.

○ In the case of 2-ethyxethan known to be treated in the semiconductor manufacturing process and subject to reproductive toxicity, it is known to be used at the time of washing and film processing in the manufacturing process of wafers, which is different from the relevant process, and the vision of toxicity and the marked long-term of toxicity are different from the prior to the outbreak of climatic cancer in the yellow body.

Determination on the level of exposure should take into account the characteristics of the work that the chemical is measured at a low concentration and at a level likely to be intermittently exposed, and in particular, for the two years prior to the retirement of the Deceased, the work pattern has changed and the level of exposure differs from the producer (producer).

Although it is known that asbestos, sprink, radiation, etc. are related to ○○ cancer and harmful factors such as asbestos, sprink, etc. were known, it was not dealt with in the goldline connection process. Accordingly, it is determined that the risk of sprinkine cancer of the deceased is low.

7) Criteria for the classification of cancer substances by the International Cancer Institute;

○ International Cancer Research Institute (IARC) classify and designates cambs as follows. The International Cancer Research Institute classify cambshumshumshumshumshyshyshyshyshyshyshyshyshyspyshyshyshyshyshyshyshyshyshyshyshyshyshyshyshyshyshyshyshyshyshyshyshyshyshyshyshyshys into 2A human exposureshyshyshyshysn

Human cancer in the main sentence 1 human cancer (where there are sufficient research data on human subjects and sufficient animal testing results), Group 2A human human cancer suspected substances (where there are limited research data on human subjects and sufficient animal testing results), Group 2B human human cancer suspected substances (where there are limited research data on human subjects and insufficient animal testing results), Group 3 human cancer in human cancer classification substances (where there are insufficient research data on human subjects and insufficient animal testing results), Group 4 non-human cancer suspected substances (where there is no possibility of inhuman infection and animal testing results are not sufficient in human subjects), and animal testing results are sufficient)

8) Medical opinions

A) A work-related assessment report (Evidence A No. 5) prepared by Nonparty 3 of the professional department of the occupation and environment of the single-class hospital and the associate professor’s specialist

There is a possibility that reproductive toxic substances may be generated to the slux, 4-VCH, etc. according to the type used in semiconductor industry.In 1999, the International Cancer Research Institute is allowed to be exposed to 4-VCH, V CDs in the course of the production of the slux water, 4-VCH, and V CDs are classified as 2BA human exposure, and 4-VCHs are known to cause sluols or 4-VCHs in animal testing.

From 1969 to 2001, ○○○ lapping (2006), among workers working at IBM, the proportional death cost of all other female reproductive machinery has been growing to 110.6 (New Trust 95%, Trust 92-7-131.9). In this study, SMR was 42 cases in which research expenses were subsidized by the SMR and other female reproductive machinery cancer, 106 (New Trust 95%, reliance Section 76-143), 30 cases in a potential exposed risk group, and 126 (SM 95%, reliance reliance 95%, reliance reliance 85%, and 5% of the deceased’s death rate, 126 (SM 95%, reliance 85%, reliance 180-180).

Based on the fact that ○○ Deceased was diagnosed of 23 years old above ordinary age, was exposed for 8-12 hours a day to a variety of inorganic chemical substances presumed to have been included in crypous substances in the semiconductor plant for about seven years, and that in the process conducted by the Deceased in dynamic research for semiconductor industries of foreign countries, excessive death of crypump cancer was reported, the Deceased’s crypump cancer is likely to have been caused by his work.

B) A statement of duty-related nature assessment (No. 23-1) by Nonparty 5, who is a professor in the health department of the Changwon University, a professor in the health department of the natural science college, and a professor in the professional professional department of the occupation and environment of the Sejong National University

The results of research and study on the development of cancer by female workers engaged in semiconductor industry are as follows:

The first study was conducted in the U.S. for more than five years from 1969 to 2001: A total of 31,941 workers were dead during the research period, and in particular, female workers were exposed to cancer data, 104.90, and 116 of the observation number was 10.6% of the proportional death cost (PCMR) and 10.6% of the trust section 92.7-13l.9).

Second research (Research compared with the general population): 126,836 workers working in three semiconductor factories in the United States for the period of 1965 to 199: In particular, SSR was 152 (SMF 95%, trust section 83-254) and 15 years and worked in a clean room for more than 5 years, and was 315 (SMF 95%, trust section 102-735) and was 15 years, and was 15 years and was 15 years. In particular, SMF 157 (SM 95%, trust and trust section 5343) and 15% of its working in the military where it was 15 years or longer, ESR was 157 (SM 95%, trust and trust section 58-343). In particular, it was 155% of the deceased's working in the MM 198-5th working in the MM 315th work.

The third research was conducted on 281 male workers, 1,526 female workers, 1970 to 202, 1971 to 2001, as a result of analyzing cancer registration data during the period of 1971 to 2001, 53(SMR 95% of trust, 17-125) and 88(SM 95% of trust, 44-158 of trust) of standardization registration.

The fourth study was conducted on the standardization and death expenses of workers working in a semiconductor plant for at least six months from 1983 to 2002. In particular, the standardization and death expenses (SMR) of bab cancer and other reproductive cancer were l.23 in case of fab process workers, and 0.73 in Non-bab work group, and 0.73 in case of non-b work group, it was higher than l.23 in case of SMR l.00,05 to 9 work groups for less than five years. In case of working groups for less than five years, 1.30,000 and more than 1.30,000 in case of SMR l.30,000 and more than 1.30,000 in case of SMR l.30,000 in case of 1.30,000.

○○ 1 40,50 p.m. primarily occurred in women’s workers at 23 years old, ② diverity is explained to 5-10%, and there is no special family capacity. ③ Changes work [in recent diverology research, shift work and diverity of diver cancer is being significantly increased. In particular, in the case of organized diver cancer such as the Deceased, six years in which the Deceased worked for 3 to 7 years, cumulative work period such as 95%, 1.43-4.2 times) is increasing, and chemical risk is more than 2.46 times in the event that the Deceased’s work period is 3 to 9 years, and chemical exposure is more than 9 times in the first place in the United States, and more than 9 years in the first place in which the Deceased’s work was conducted for 3 years, and more than 9 years in the first place in which the Deceased’s work was conducted for 4 years in the United States.

[인정 근거] 다툼 없는 사실, 갑 제4호증의 1 내지 3, 갑 제5, 6, 7, 9, 14호증, 갑 제15호증의 1, 갑 제22호증, 갑 제23호증의 1, 갑 제29호증, 을 제2, 5, 8호증, 을 제10호증의 1, 2의 각 기재, 한국히타치, 헨켈에 대한 각 사실조회 결과, 삼성전자에 대한 2013. 12. 6.자 사실조회 결과, 변론 전체의 취지

C. Determination

1) The term "occupational accident" under Article 5 subparagraph 1 of the Industrial Accident Compensation Insurance Act refers to an accident caused by an employee's occupational accident while performing his/her duties, and there is a proximate causal relation between the employee's occupational accident and the accident. In this case, the causal relation between the employee's occupational accident should be proved by the assertion. However, with respect to the degree of causal relation, it is not necessarily required to be proved in medical or natural science, and it should be determined by the proximate causal relation from a normative point of view. Therefore, in light of all the circumstances, such as the worker's health condition at the time of employment, development circumstance, details of the disease, the process of treatment, whether there is a cause of the outbreak in the workplace, whether there is a proximate causal relation between the occupational accident and the accident, and whether there is a proximate causal relation between the occupational accident and the accident should be determined on the basis of the worker's health and physical condition, not the average person (see, e.g., Supreme Court Decisions 9Du1424, May 12, 2000>

2) In the instant case, in light of the following circumstances known by the above facts, even if the deceased did not have clearly identified the causes and the generated mechanism of the incurable cancer to the deceased, it appears that the deceased had been continuously exposed to a hazardous chemical for a considerable period of time while working in the gold line connection process at the instant work site, and for a considerable period of time, it appears that stress was accumulated, and it is reasonable to view that such harmful factors were combined, and that the disease occurred in the left-hand form due to the recurrence or aggravation of the disease, and that there was a proximate causal relation between the disease and the work of the deceased. Accordingly, it is presumed that there was a proximate causal relation between the deceased's disease and the work. As the deceased died after the death of the deceased due to an occupational disease, the deceased's death is deemed to constitute an occupational accident, and the disposition of this case that different from this conclusion is unlawful.

① Since an incurable cancer and, in particular, an incurable cancer that occurred to the Deceased is a disease with a low rate of the outbreak, and the cause and mechanism of the outbreak are medically not clearly revealed, it is reasonable to view that the degree of proof of proximate causal relationship is mitigated compared to a disease with a high rate of the outbreak, the cause and mechanism of the outbreak, and the disease, the medical research on which the outbreak rate was conducted, is medically higher, compared to

② The Deceased, who was in the third grade of high school, was employed at the instant workplace for the age of 17 years and was on duty in the age of 23 years and left the workplace for 6 years and 23 years. The Deceased, who was on duty at the instant workplace, was diagnosed as a scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic sc

③ At the time of entering the instant workplace, there was no particular fault in the state of the deceased’s health at the time of entering the workplace, and there was no other personal dangerous factors, such as medical history, family history, quality, living habits, and environment, except for occupational and environmental factors.

④ During the work at the workplace, the Deceased was continuously exposed to harmful chemical substances, such as the following chemical substances and reproductive toxic substance (However, although the Plaintiff asserted that the Deceased was exposed to a chemical substance used in the sex process, the workplace of the gold-line connection process and the workplace of the sex-type process were separated and prevented, and the sex-type process is the follow-up process of the gold line connecting process, and it is difficult to recognize that the Deceased was directly exposed to a chemical substance, such as EMC, used in the sex process, as claimed by the Plaintiff).

(a) The Deceased, while working in the gold line connection process, put the chip frame on the chip block, put the chip frame at least 225 degrees centigrade, melted the gold line by causing the sp, and melting the gold line, the sp temperature at 300 degrees latitude and 500 degrees longitude, and was frequently exposed to the respiratory location. In light of the Deceased’s work contents, etc., it is reasonable to view that the Deceased was frequently exposed to the heat decomposition products of the chip chip contact system used in the immediately preceding process.

In full view of the content of the instant epidemiological investigation report, each fact-finding result, Nonparty 2’s statement (Evidence A9), etc., it is determined that the content of Nonparty 2’s statement is reliable, and that EN-4065, 8351C, etc. was used due to the climatic contact with the above EN-4065, 8351C.

The components of EN-4065 contain nitrophyde and biphenyls; they constitute nitrophydecides; and they correspond to nitrophyde (it is difficult to recognize a direct relationship between reproductive toxic substance and nitrophyde, even if it is difficult to recognize a direct relationship between reproductive toxic substance and nitrophy, the reproductive toxic substance may have a harmful impact on bruto cell, which is the reproductive institution. Therefore, it is determined that the possibility of contributing to the outbreak of nitrophy may not be ruled out by combined action with other factors).

8351C component elements are toxic substances harmful to human body and substances whose reproductive cell transitionability is also applicable to substances included in the composition of 8351C.

In addition, it is known that there is a possibility that materials, such as 4-V CDs, can be emitted entirely from the heat decomposition products used in the chip contact process of semiconductor plant, and the possibility of discharge in this case can not be entirely ruled out (Although the epidemiological investigation of this case was judged differently, 6 (a) below will also be examined).

(b)one kind of gold content used in the connection process of the gold lines include not less than the amount of gold, and the amount of gold also constitutes a rock material;

(c)disproductive toxic substances are also included in washing arrangements for the ice removal and removal used in the ice connection process;

d)frront process (fron, chips connection, chips connection) is in the same ventilation system, and it seems that the organic compound, etc., generated from the chemical solvents used in each of the respective processes, could have an impact on other individual processes (in the case of clean studs adopted in the ordinary semiconductor assembly process, it may be deemed that the ventilation system is circulated, and may have a greater impact than in general cases).

In particular, in the case of chips after the chips landing process, there was only an exhaustr directly connected to chips, and when chips open the door, the chip exhaustr emitting gas, such as organic compounds spreading into the air, is deemed not to have been installed separately, and the employee's statement that chip emitting high boms from chip presses, is consistent with this.

⑤ Although it has not been specifically verified the concentration of the harmful chemical substance exposed to the Deceased, if the concentration of the hazardous chemical substance is continuously exposed for a long time even if the concentration is low, its harmfulness should not be readily denied.

Furthermore, at the time of the instant epidemiological investigation, no particular investigation was conducted on the concentration of the foregoing substance, and the working environment measurement on harmful factors was conducted during the air. In light of the purpose of the industrial accident compensation insurance system that allows the entire industry and society to share risks on industrial safety and health that may arise in the workplace, not on the part of the business owner or one of the workers, but on the part of the business owner or one of the workers, rather than on the part of the business owner or one of the workers, the industrial accident compensation insurance system that allows the entire industry and society to share such risks through public insurance, it

6. The results of the instant epidemiological investigation, based on which the instant disposition was based, seems to have the following problems.

(a) The instant epidemiological investigation, on the ground that: (a) with respect to the Echip contact process, the Echip 4-V CDs, 4-VCHs, etc., which are generally used as a chip contact solution; (b) the 4-V CDs, etc., are chemicals with infection and are deemed to have health impacts on skin cancer; (c) but, on the ground that skin cancer is merely a functional part; and (d) skin cancer cannot be said to be the same as skin cancer; (c) the instant epidemiological investigation excluded from the relationship with Echip; (d) even if it is appropriate in a way that considers a clear causal relationship from a medical point of view, it cannot be deemed appropriate in a way that determines proximate causal relationship in occupational accidents

In addition, the epidemiological investigation of this case is a compound with vinyl 4-V CD and 4-VCH, and it seems difficult to produce them as simple heat decomposition products without adding any other substance to AG-Epoxy. However, in the case of the instant Eppoping agents, various materials, such as DNA ethyleneglycerine acid, (crochloroethyl) throthroid, and biphenyls of biphenyls, are included, and thereafter, they go through the process of lighting at the high temperature with the dide presses or re-high temperature from the gold line connections, and it is not reasonable to conclude that there is a possibility that the instant Epoping agents may cause chemical reaction with the components of the dropher (including wafer) and the dropic agents in semiconductor process, and that there is no possibility that the instant Epoping agents might cause any occurrence of 4-V-V-N without any specific ground for the use of the droping agents in semiconductor process.

(b)In addition, on the premise that the above Emboms and their ingredients are similar, the emoper boms used in the sexual process conducted the heat decomposition experiment on the EM pounds (EMC) and confirmed that there are cancers, such as some organic compounds and scarde scarde, but it is difficult to understand that there is no further additional survey to deny the relationship with emoperites (the foregoing shall apply to the Embomer’s compounds used at the time when the de facto decedent works, and that there is a possibility that the emopers, such as saldehyde, might occur from the heat decomposition produce).

(c) While the instant epidemiological investigation was conducted more than 10 years after the Deceased’s work performed, it is difficult to accept the conclusion that it is difficult to view that it was exposed to substances related to dysium, without conducting working environment measurement of harmful factors in the air on the ground that asbestos, sloping, etc. generally known as substances causing dysium cancer, or radiation is not being used in the process when the Deceased worked (if harmful factors were discovered at the time of the instant epidemiological investigation, it can be presumed that such harmful factors were much higher than the time when the Deceased worked).

d) In light of the work relevance assessment report, etc. submitted by the Plaintiff, it is also difficult to accept that the epidemiological investigation conducted on part of the results of an epidemiological investigation on semiconductor industry workers did not find out that the risk of infertility and death was significantly higher than that of the general population group.

7) There is a possibility that hemmons might be disturbed, such as Melin, etc., which may cause skin and stress or which has the effect of controlling cancer growth, due to the depression, lack of water surface, life rhythy and rhythrhym of living during a night-time shift. Thus, the disease itself may have a negative impact on the outbreak and aggravation of the disease by stimulating, or undermining the physical immunodeficiency force of the skin or accumulated skin and stress.

The Plaintiff appears to have been under cumulative and stressed over a considerable period of time by engaging in two or three night shifts work within a period of service of 6 years and 2 months. Even if it is difficult to readily conclude that the Plaintiff’s work form served as a direct cause of the instant disease, the relationship between the weekly night shift work and the basin cancer is limited in terms of the climatic classification standard, etc. of the International Cancer Research Institute (see, e.g., Supreme Court Decision 2006Da1548, Apr. 2, 2006). However, it seems that general opinions have been established as to whether there is a direct relationship between the weekly night shift work and the bar cancer work, etc., but it is difficult to see that there is a direct relation between the Defendant’s climatic shift work and the bar cancer work, thereby adversely affecting the

3. Conclusion

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition.

Judges Park So-young (Presiding Judge)