유족급여및장의비부지급처분취소
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 has caused the occupational accident while performing his/her duties, and therefore there is a causal relation between the occupational accident and the disaster.
The causal relationship is proved by the assertion, but it is not necessarily required to be proved by medical or natural science, and if there is a proximate causal relation from the normative point of view, it should be viewed that there is such proof.
Therefore, in the event that a worker’s severe occupational stress and mental suffering has aggravated depression, and where it is possible to see that his/her normal perception, ability to choose an act, and mental suppression are considerably deteriorated and that his/her reasonable judgment could not be expected, a proximate causal relation may be found between the deceased’s work and death. In the process, the personal vulnerability, such as the resistant nature of the deceased, has influenced the resolution of suicide.
There is no difference in the fact that the symptoms of mental illness, such as cryptism, loss, or over-injury, immediately before the suicide, do not change.
(See Supreme Court Decisions 201Du14692 Decided October 30, 2014; 2013Du23461 Decided January 15, 2015, etc.). 2. Reviewing the reasoning of the first instance judgment as cited by the lower court and the evidence duly admitted, the following facts are revealed.
On January 6, 1992, the Plaintiff’s husband B (hereinafter “the deceased”) entered the National Federation of Fisheries Cooperatives (hereinafter “the instant company”) as a bank member, and was appointed as the head of the C branch on January 17, 2013 and performed overall control over the credit-receiving business and customer management of the branch.
The instant company established measures against the point where the credit performance, etc. has been poor several times from February 2013.