The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. Article 91-10 of the Industrial Accident Compensation Insurance Act provides for matters to be considered when determining whether a worker who has been engaged in dusty work dies of pneumoconiosis, complications, or other causes related to pneumoconiosis (hereinafter referred to as “harm and complications, etc.”), and stipulates that matters to be considered when determining whether a worker has died of pneumoconiosis shall be determined by Presidential Decree.

According to delegation, Article 83-3 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act provides that when determining whether death has been caused by pneumoconiosis pursuant to Article 91-10 of the Industrial Accident Compensation Insurance Act, it shall consider the type of pneumoconiosis, cardiopulmonary function, complication, gender, age, etc.

In order for a worker who has been engaged in dusty work to be recognized as an occupational accident if he/she dies, a proximate causal relationship between pneumoconiosis, complication, etc. should be recognized, and such causal relationship does not necessarily have to be clearly proved in medical and natural aspects. If it is presumed that there is a proximate causal relationship between pneumoconiosis, complication, etc. when considering the type of pneumoconiosis, cardiopulmonary function, complication, gender, age, etc. of the worker and the accident, there is proof.

In this case, even though an occupational disease is not the main cause of death, a causal relationship between work and death should be deemed to exist even in cases where the occupational disease was caused by the combination of the existing other diseases which have no direct relation with the work or where the existing disease was rapidly aggravated at a natural transitional speed due to the disease caused by the occupational disease.

(See Supreme Court Decision 2002Du12922 delivered on April 11, 2003, etc.). 2. A.

In full view of the following circumstances admitted by the evidence admitted, the lower court affected the occurrence and aggravation of the waste collection by taking account of the deceased’s pneumoconiosis symptoms and their merged witnesses, and waste fibers, etc.