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(영문) 대법원 1993. 10. 22. 선고 93누13797 판결

[유족보상금지급청구부결처분취소][공1993.12.15.(958),3189]

Main Issues

The case holding that "occupational accident" is a "occupational accident where a person commits suicide by causing mental disorder resulting from aggravation of the symptoms of pneumoconiosis, which is an occupational disease, caused by such aggravation.

Summary of Judgment

The symptoms of pneumoconiosis, which is an occupational disease, worsen, and the mental abnormal symptoms thereby are caused by such aggravation.

The case holding that if a person commits suicide, the "occupational accident" shall be deemed to be an "occupational accident."

[Reference Provisions]

Articles 9 and 3 of the Industrial Accident Compensation Insurance Act

Plaintiff-Appellee

Plaintiff Lee Young-young et al., Counsel for the plaintiff-appellant

Defendant-Appellant

The head of the Taebag Regional Labor Office

Judgment of the lower court

Seoul High Court Decision 92Gu33963 delivered on May 20, 1993

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

We examine the grounds of appeal.

The court below acknowledged the possibility of the death of the non-party as an occupational part of the deceased's team, and continued to receive medical care on May 1, 1985 due to the pneumoconiosis, which was caused by his work around February 1, 1979. On May 15, 1992, the non-party was hospitalized in the hospital as judged by the first grade of invalidity grade and received medical care, and died above 1.4 meters from the third floor of the above hospital. The terminal of pneumoconiosis caused chronic pulmonary disorder caused by the merger of pneumoconiosis and irculatory disorder caused by the chronic pulmonary disorder caused by the death of the deceased, low blood pressure, liver, and irculic depression caused by the death of the deceased, and determined that it was hard to view that the disease of the non-party 1 appeared to have deteriorated due to stress caused by long-term illness, chronic dives or aggravation, and that it was hard to see the symptoms of the deceased, such as halconium and sult weather.

In light of the records, all of the above recognition and judgment of the court below are justified, and there is no error of law such as misunderstanding of facts or misunderstanding of legal principles, such as theory of lawsuit. All of the arguments are without merit.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Sang-won (Presiding Justice)

심급 사건
-서울고등법원 1993.5.20.선고 92구33963