유족급여및장의비부지급처분취소
The judgment below is reversed and the case is remanded to Seoul High Court.
The grounds of appeal are examined.
1. Where it is intended to recognize the death due to any occupational cause prescribed by subparagraph 1 of Article 5 of the Industrial Accident Compensation Insurance Act, there shall be a causal relationship between the business and the disease causing the death;
However, if the main cause of the disease is not directly related to the performance of the work, but the overwork or stress overlaps with the main cause of the disease and causes or worsens the disease, it should be considered that there is a causal relationship among them.
The causal relationship does not necessarily have to be clearly proved by medical or natural science, and even if there is a proximate causal relationship between the work and the disease when considering all the circumstances, it shall be deemed that there is such proof, and also it shall be included when there is such proof even if the basic disease or existing disease which can normally work is caused by excessive work and is rapidly aggravated at a natural proceeding speed or above.
The existence of a causal relationship between work, disease, or death shall be determined on the basis of the health and physical conditions of the worker, not the average person.
(see, e.g., Supreme Court Decision 2000Du4538, Jul. 27, 2001). 2. Review of the reasoning of the lower judgment and the evidence duly admitted by the lower court reveals the following facts. A.
On November 30, 2015, B, who is the Plaintiff’s spouse, (hereinafter “the deceased”), was employed as a worker for one-time work at Jindu Construction Co., Ltd. (hereinafter “Dtel construction site”) and served as a painting.
On December 16, 2015, the Deceased was discovered in the elevator of the 111st floor of the new building on December 16, 2015, and was transferred to the hospital, but was already dead.
B. The Deceased did not have much work experience and carried out the duties, etc. of transporting paints up to approximately 20 km to the upper floor along with painting work.
The ordinary painting work shall be two persons.