2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff, from around 1975 to 1983, engaged in digging through coal mines for the remainder of the period excluding the 11 month period during which he was in military service.

B. On August 12, 2013, the Plaintiff was diagnosed as chronic pulmonary disease at the Council, and applied for the approval of the medical care on the grounds that the chronic pulmonary disease occurred due to digging work to the Defendant around December 2013. However, on October 20, 2014, the Defendant rejected the application for medical care on the ground that “the period of digging out work is shorter, and there is a smoking power for 26 years, it appears that the chronic pulmonary disease is not due to digging work but due to natural progress due to an individual person.”

(hereinafter “Disposition of this case”). 【The ground for recognition of this case’s Disposition of this case’s Disposition of this case’s Disposition of this case’s No. 1, 2, 3, 5, 6, and 7

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff had been engaged in digging through dust and nitrogen oxide gas for about 8 years, while exposed to the dust of high concentration and nitrogen oxide gas, etc., and caused chronic closed-pulmonary diseases.

B. Determination 1) The term “occupational accident” under Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act refers to an accident resulting from an employee’s work while performing his/her duties, and there is a proximate causal relation between the work and the accident. In such cases, the causal relation between the work and the accident of the employee ought to be attested by the assertion of such causal relation (see, e.g., Supreme Court Decision 2004Du8606, Oct. 27, 2004). In such a case, the proximate causal relation is not necessarily required to be proved by direct evidence in medical and natural science, but is not necessarily required to be proved by indirect facts, such as the health conditions at the time of employment, existence of existing diseases, nature of the work, and the working environment, and whether another worker’s work at the same workplace is transferred