유족급여및장의비부지급처분취소
2013du7230 The revocation of the disposition of revocation of the bereaved family's benefits and funeral site pension.
A person shall be appointed.
Korea Labor Welfare Corporation
Seoul High Court Decision 2012Nu31146 Decided March 29, 2013
January 15, 2015
The judgment below is reversed, and the case is remanded to Seoul High Court.
The grounds of appeal are examined.
1. The term "occupational accident" under Article 37 (1) of the Industrial Accident Compensation Insurance Act means the injury, disease, physical disability, or death of an employee who was caused by his/her duties during the performance of his/her duties. As such, there should be a causal relationship between his/her duties and the disaster. Although such causal relationship is proved by the assertion of such causal relationship, in cases where the medical and natural science does not necessarily have to be clearly proved, and where proximate causal relationship is acknowledged from a normative point of view, there should be proof. Therefore, in cases where a worker dies due to a suicide, the disease is caused or aggravated due to the occurrence of occupational disease, or occupational route or stress overlaps with the main cause of the disease, and it can be presumed that such disease has resulted in suicide in a situation where it is difficult to expect reasonable judgment due to such disease, such as lack of normal recognition ability, ability to choose action, mental suppression ability, or considerable decrease, there can be a proximate causal relationship between his/her duties and death. In addition, for such recognition of proximate causal relationship, comprehensive consideration should be given to the extent of the disease or symptoms after the suicide, general symptoms, period of the disease, and circumstances surrounding 193.
2. Review of the reasoning of the lower judgment, the reasoning of the first instance judgment as cited by the lower court, and the steam duly adopted by the lower court reveals the following facts.
A. The Plaintiff’s husband B (hereinafter “the Deceased”) is C corporation on February 1, 2008 ( May 26, 2008)
On January 5, 2012, the trade name was changed to E Co., Ltd. (hereinafter referred to as "non-party company") and worked as the head of the technical research institute and factory, who is in charge of the development of plastic paints, product production, etc. used for mobile phones while working as the head of the technical research institute and factory.
The Deceased worked from 00:0 to 17:00 on a daily basis, but normally until 20:00 on a daily basis, and the extent of three days on a monthly basis was on a holiday.
B. The management right of the non-party company was acquired by the non-party company F for more than three months after the deceased was employed by the deceased. Accordingly, the number of the non-party company F was assigned to the representative director and the manager of the non-party company. After the takeover, 80% of the existing employees of the technical research institute was retired from employment to the competitive company until the time when the deceased died.
The deceased was faced with difficulties in promoting technological development due to the retirement of existing employees. Nevertheless, the representative director and employees of the business team and the design team have caused the deceased to suffer from sales due to the delay in the development of products by the technical research institute and the low level of technology. The deceased transferred to the technical research institute the responsibility for the sales of the non-party company to the non-party company.
In addition, since January 201, the main team leader meeting was permanently established, and the demand of the representative director was more frequent, and the representative director made public the survey of the technical research institute because the deceased was unable to perform his/her duties and the products cannot be sold due to the lack of capabilities.
In this regard, the Deceased demanded that the representative director, the business team, and the design team be unable to fire in light of the human resources of the technical research institute, etc. to the employees of the technical research institute, and discussed several times.
C. At the same time, the deceased was under considerable stress due to the shortage of human resources, as his/her duties, such as ELE-related duties, Samsung Electronic Inspection, and support for Chinese local factories, to the technical research institute entrusted by the deceased for three to six months before the suicide.
During that period, G, who was the person in charge of the Chinese subsidiary of the non-party company, was the director of the recommendation agency on January 31, 201, and the deceased "in the following times" means that "the deceased is infeasible, uneasy, uneasy against the worker H, and the heart is changed to a elbs of suicide, and that he/she should submit a resignation certificate on February 28, 201.
D. On February 28, 2011, the Deceased demanded employees belonging to the Technical Research Institute to work on the following day on a holiday. However, employees want to be easy to work. On March 1, 2011, the Deceased appeared to work on the following day: (a) around 08:20, the Deceased left a book and died in the future.
The contents left by the representative director among the relics are as follows: (a) the deceased's belief that G can be done together with the non-party company due to the receipt of the recommendation resignation; (b) the product development is not demanded without human and material support; and (c) the technical research institute should not transfer its business progress to the side of the technical research institute because of disregarding the opinions of the employees belonging to the technical research institute and disregarding the opinions of the employees belonging to the business team or design team.
In addition, the content of the note left for the employees of the Technical Research Institute is that the representative director and the Business Team and the Design Team, as the head of the Technical Research Institute, could not unfairly impose their responsibilities on the side of the Technical Research Institute, and they constitute a crime of deceiving the said employees by misunderstanding their demand for attendance or sacrifice. Meanwhile, from August 26, 2010 to October 12, 2010, the Deceased, who was treated as a dead person due to the symptoms that were sent back to the Tol character Matern Hospital in the course of counseling with the nurse at the time of the regular health examination on February 17, 201, are unlikely to reach the age above 50. The company also stated that it is difficult for the nurse to receive counseling at the time of the regular health examination on February 17, 201.
F. The Deceased had a strong character of performing his duties, and experienced a lot of responsibilities, and maintained a smooth relationship with his employees.
3. We examine these facts in light of the legal principles as seen earlier.
The deceased, the head of the technical research institute and factory, who was responsible for the development and production of the products of the non-party company, takes over the management rights of the non-party company to F, the representative director of the non-party company, etc., and the non-party company's 80% of the existing employees with technological skills, who were unable to support their human and material support due to their continuous physical changes from employment to competitive companies, etc. In addition, when G, who was in charge of the non-party company's product development and production, was exposed to a heavy pressure that they should develop products in a situation where it is difficult to support their human and material support. In addition, it is uneasy that G, who was in charge of the non-party company's local factory, did not take proper waters before committing suicide. Accordingly, it is reasonable to view that the deceased, in light of the above situation where G had a sudden unstable and rapid stress on his business since January 31, 201, and that it could not be seen that he suffered from mental stress from the company's representative director.
In addition, due to such mental suffering, the deceased considered retirement in spite of his most responsible responsibility, and the degree of changing the elbane to commit suicide. As such, the mental suffering suffered by the deceased due to such extreme occupational stress can be deemed to be very serious.
In addition, various circumstances such as the degree and duration of pressure or apprehension caused by work to the deceased, the physical and mental situation of the deceased, and surrounding circumstances surrounding the deceased, and the degree of aggravation and aggravation of depression, as well as various circumstances on the deceased’s physical and mental situation, and the degree of aggravation and aggravation of depression, and eventually, suicide was committed after the deceased’s statement that he/she should retire from the club staff, and at the time of suicide, he/she was committed suicide after his/her attendance at the mixed office on holidays and took care of the following day, and there was no other reason that may not be any motive or opportunity to choose suicide to the deceased. Considering the above circumstances, there is sufficient reason to presume that the deceased’s suicide was caused by the aggravation of normal awareness, ability to act, mental suppression, and considerable influence on the deceased’s work and death, and that there is no possibility that there is any possibility that there was any possibility that the deceased might have any influence on the deceased’s personal treatment, such as a specific form of suicide.
Nevertheless, notwithstanding the above circumstances, the court below denied the causal relationship between the death and the work of the deceased, on the ground that there are other circumstances where it is difficult to recognize the possibility of suicide due to depression, etc. of the deceased and the aggravation thereof, and in particular, on the background and motive, etc. of the deceased’s suicide, such as the detailed contents of the tension between the deceased and the deceased’s specific speech and behavior before and after suicide, etc., and it cannot be said that the deceased’s occupational stress did not lead to suicide due to the deceased’s death, etc., or the normal behavior selection ability was significantly deteriorated.
Therefore, in so determining, the lower court erred by misapprehending the legal doctrine on causation between work and death in occupational accidents, thereby failing to exhaust all necessary deliberations, thereby adversely affecting the conclusion of the judgment. The ground of appeal assigning this error is with merit.
4. Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kim Chang-suk
Justices Shin Young-chul
Justices Lee Sang-hoon
Justices Cho Jong-hee