In a case where Party A, who worked as a main apartment cleaning agent, died of the death of Party A and the husband of Party A claimed payment of survivors’ benefits and funeral expenses to the Korea Labor Welfare Corporation by asserting that the death of Party A constitutes occupational accident, but the Korea Labor Welfare Corporation rejected payment on the ground that there is no proximate causal relation between Party A’s death and the business, the case holding that

In a case where Party A, who worked as a main apartment cleaning agent, died of a closed cancer, claimed for the payment of bereaved family benefits and funeral expenses to the Korea Workers’ Compensation and Welfare Service, claiming that Party A’s husband constituted occupational accidents, but the Korea Workers’ Compensation and Welfare Service refused payment on the ground that proximate causal relation between Party A’s death and the business was not acknowledged, the case holding that Party A’s disposal was unlawful in light of the fact that Party A’s work performed as a cleaning agent for about seven years and four months on the ground that Party A performed cleaning work in the underground parking lot for more than a day, or that Party A’s cleaning work in the underground parking lot is performed in the process of taking occupation-oriented death and rest in the open parking room in the underground parking lot, and that Party A’s work was exposed to Rabs and diesel discharging substances, which are the cancer substances causing or likely to cause waste cancer, and there was no special health problems before Party B’s work as a cleaning agent, and that there was considerable causal relation between Party A’s death and pulmonary cancer due to the result of the work environment.

Article 5 subparagraph 1 of the Industrial Accident Compensation Insurance Act and Article 37 (1) subparagraph 2 of the Industrial Accident Compensation Insurance Act

Plaintiff (Attorney Kim Young-deok et al., Counsel for the plaintiff-appellant)

Korea Labor Welfare Corporation

August 23, 2011

1. The disposition that the Defendant rendered against the Plaintiff on December 24, 2010 on the bereaved family’s benefits and funeral expenses shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Details of the disposition;

A. On April 13, 2009, the deceased Non-Party (hereinafter “the deceased”) was employed by the Jindococo (hereinafter “the instant building”) who is a primary apartment, and worked as a cleaning member for the instant building, and was diagnosed as a non-cell cancer (non-cell cancer) cancer, and applied for medical care approval to the Defendant, but non-approval was made.

B. The Deceased filed a request for review against the Defendant on March 17, 2010, but the Defendant dismissed the Plaintiff’s request for review on March 17, 2010. The Deceased filed a request for review with the Industrial Accident Compensation Insurance Reexamination Committee, but the said Committee rejected the Deceased’s request for review on August 19, 2010, when the Deceased died of the death of the previous death, pulmono cancer, the intermediate events, and the direct death.

C. After that, the Plaintiff, who is the husband of the deceased, claimed payment of bereaved family benefits and funeral expenses to the Defendant by asserting that the death of the deceased constitutes an occupational accident, but the Defendant refused payment on December 24, 2010 on the ground that there is no proximate causal relation between the death and the work of the deceased (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1-2, Eul evidence 6, Eul 12, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

In the process of performing cleaning duties at the underground parking lot of the building of this case while working as a cleaning agent for the building of this case and taking rest, the deceased was caused by the occurrence of waste cancer at the end of long-term exposure to toxic substances, such as exhausters, dramas, asbestos, etc.

Therefore, there is a proximate causal relation between the death and the work of the deceased, so the Defendant’s disposition that deemed that the death of the deceased does not constitute an occupational accident is unlawful.

B. Facts of recognition

1) Career, duty, and working environment of the Deceased

A) In 2002, the Deceased joined the building services entrusted with the management of the building of this case and worked as a cleaning agent for the building of this case. From January 1, 2006, the Deceased employed by the council of occupants’ representatives of the building of this case (hereinafter “instant workplace”) and worked as a cleaning agent for the building of this case.

B) The instant building consists of five stories below ground and twenty stories above ground. The instant building is a parking lot from five stories below ground to two stories below ground, and it is a commercial building from one story below ground to five stories above ground, and it is an apartment (including about 90 households) from six stories below ground to twenty stories above ground.

C) From around 2002 to 2005, the Deceased, who worked as a cleaning agent for the club services, cleaned the instant building with six other cleaning agents. From January 1, 2006 employed at the instant workplace, the apartment part of the instant building was cleaned. The deceased’s duties performed the cleaning of the apartment part of the instant building. The deceased’s duties performed the cleaning of the apartment part of the apartment part of the instant building from January 1, 2006 to 20th above ground, such as the cleaning of the apartment section, the cleaning of the floor of the 6th to 20th above ground, the cleaning of the apartment floor of the 5th underground parking lot (referring to the parking space for apartment occupants), the cleaning of the outer marina, the separation of garbage in the warehouse within the 3rd underground parking lot (from January 1, 2006

D) The Deceased left 8 hours to 9 hours in daily work, and 4 hours to 30 minutes in Saturdays. Work hours for each period during which the Deceased worked are as follows:

On January 1, 2006 through April 2009, the place of business of this case from January 1, 2006 to April 2006, 2006, the place of business of this case was 2008, 07:30 to 16:00 (Fence day) in the same underground-based parking lot from December 31, 2002 to 06:20 to 16:00 (Fence day) of the same underground-based parking lot from December 31, 2005, the place of business of this case was 2006, 2008 within the same underground-based parking lot from January 1, 2006, 207, and 207:30 to 16:00 (Fence day) in the same underground-based parking lot from December 31, 2009.

E) After the Deceased usually worked to clean the apartment section for common use on the ground, the Deceased performed the work of separately collecting waste (the work of separating bottles, paper papers, gambling, plastics, etc. discharged from about 90 households a day) from the warehouse on the third floor parking lot on the underground floor, and cleaning the floor of the five-story parking lot on the underground (the cleaning as broom broom and smuggling a week). The Deceased took a rest time after eating it in the rest room mainly located in the underground parking lot (round 1 to 30 minutes a hour), and 30 minutes a cleaning middle time (round 1 to 30 minutes a day) and used the said rest room mainly.

F) Although a resting room within the 3rd underground parking lot (a resting room for cleaning workers belonging to the same group service), there was no windows, and as it was a commercial parking lot from the 2nd underground to the 4th underground floor, dynad from time to time entering the studio of cars due to the fall short of the studio of the studio. The 2nd underground parking lot (a precisely between the 4th underground parking lot and the 5th underground parking lot) is located within the 4th underground parking lot (a space is located in a resting room for the deceased who is the cause of cleaning the apartment part of the apartment part of the building of this case; hereinafter referred to as the “studio studio”). The studio and windows were installed in the 2nd underground parking lot, and the 2nd class of the 2nd underground parking lot was not operated in around 2008, and it seems that the 2nd of the 2nd parking lot and the 2nd of the 2nd apartment.

G) There is no window leading to the outside on the underground parking lot of the instant building, and there is a ventilation flag (a large-scale facility), but a large amount of electricity was consumed, and only six hours out of 24 hours a day was operated.

H) During the deceased’s separation and removal of garbage in a warehouse within the third basement parking lot or cleaning the floor of the fifth basement parking lot, protective equipment, such as a dust stack, etc., was not provided to the deceased.

2) The result of the working environment measurement of the rest room of this case

A) According to the work environment measurement results for inside the rest room of this case, which was conducted by the Labor Environment Health Institute affiliated with the Hanjin Occupational Disease Management Foundation from September 3, 2009 to September 5, 2009, the numerical value of the diesel emission substance measured inside the rest room of this case (0.089m/metres) was higher than three times the numerical value of the diesel emission substance measured inside the rest room of this case (0.008m/metres) was higher than that of the diesel emission substance measured outside atmosphere, and approximately 1/2 of the recommended criteria for recommendation by the Government of the United States (ACGH) of the Government of the Republic of Korea (ACGH) (ACH (3.4 pi/L) was higher than that of the average indoor shuts (3.4 pi/L) was higher than that of the average indoor set at approximately 85% of the Ministry of Environment recommendation criteria (4pPH/L). Meanwhile, at the time of the above measurement, the underground exit of this case was operated within the parking lot of this case.

(B) the component and risk of diesel discharge substances;

A diesel emissions are generated by the burning of fuel or lubric oil, which include sulfur oxide, carbon dioxide, ion oxide, sulfur oxide, nitrogen oxide, nitrous oxide, scroke, croke, 1,3-chlosophical, various Aldedehyd, multi-nuclear satisfaction hydrocarbons, etc.

International cancer Research Institute (ICRC), the United States National Poisonous Program (NTPP), and the U.S. Environmental Office are classified as substances that are likely to cause cancer.

The standards for domestic exposure to diesel emissions are not set. However, the National Institute of Industrial Safety and Health (NIH) of the United States presents "the lowest concentration as possible" as the recommended criteria, and the Government Health and Health Special Council of the United States of America has set the standards as the means to regulate diesel emissions as 0.02 g/ cubic meters and registered as the candidate for the exposure criteria.

C) Ingredients and risk of money;

Radon is a radioactive source, which has no color and smell, and is a hot radioactive gas generated by the collapse of Raumumumum. The Radon is a verte nuclear species created at the time of collapseing with a reflector to the collapse from poroum and continuing the collapse from poraum, and this Radon nuclear species are influoring away in the air in a dust form or a certain object’s surface. In the event of inhaleing the alphe gas during the air, it causes the lung cancer due to exposure to alphical radiation that embling in the air, and continuously collapses, and in this case, the alphe’s concentration in the sealed air is increased. Although it is possible or possible to radon the earth, in particular, at a deep place, and at the deep place, poor ventilation in the air in the air.

International cancer Research Institute, U.S. National Poisonous Program classify Rad money as a clear cancer, and the U.S. Environmental Office defines Radas as a person that affects Madas in the following order of smoking.

3) The state of the deceased’s health and the reason for the death

A) On February 16, 1953, the Deceased was 47 years of age at the time of his/her death as of February 16, 1953, and did not have any special problems for chronchis or health problems, and did not smoke. Moreover, there was no person suffering from waste cancer or any disease related thereto among the deceased’s family members.

B) On April 13, 2009, the Deceased was diagnosed as a pulmonary cancer (mar cancer) as a result of the inspection conducted by the Sung-gue Hospital on April 13, 2009, and died as a private person prior to August 19, 2010, while receiving the treatment.

(iv) medical opinions

A) Notes

The Deceased showed the symptoms of salpical salpical and objective blood, and around 3.3 cm on the left side x 2 cm definite salping, and both sides of the salping-type salpingpingping, etc. The Deceased had been exposed for a long time to the vehicle exhauster, dalping, asbestos (automobile balping), etc. being classified as the cause of the pulmonary cancer, and there is a significant causal relationship between the deceased’s working environment and the pulmonary cancer outbreak.

B) Defendant adviser

(1) One adviser;

The deceased is less likely to be exposed to waste cancer-generating substances during his/her normal work, and the exposure level of diesel emissions and sludge is low, and the deceased's special waste cancer was caused only by only the deceased. Therefore, the possibility that waste cancer was generated due to his/her work is low.

(2) 2 of advice

Although the possibility that the deceased was exposed to risk factors such as exhaust gas, drama, asbestos, etc. at some places during the course of performing his/her duties cannot be ruled out, the level of exposure to diesel discharge materials and horses was below the standard as a result of the investigation conducted by the labor environment research institute affiliated with the Kinjin Occupational Disease Management Foundation, and considering the time of diagnosis of the deceased and the time of diagnosis of the death cancer and the time of the scrap cancer of the deceased, it can be deemed that the deceased had been done before the deceased worked as a cleaning agent for the building of this case, it is difficult to recognize a proximate causal relationship between the occurrence of the death cancer and the duties

(3) Three advisory services;

As a result of the review of relevant data, such as records of the deceased’s medical duty, results of work environment measurement, etc., the deceased did not have been exposed to diesel emissions and horses, but the vocational exposure criteria was not established, and did not exceed foreign standards and the recommendations of the Ministry of Environment, and the potential suspension period was over 10 years until the occurrence of the lung cancer. Therefore, the relationship between the deceased’s work and the occurrence of the lung cancer is low.

C) Results of the entrustment of the examination of medical records (a medical specialist of the Sung-si Hospital Industry in the Korea Forest University)

(1) A pulmonary cancer may be divided into small-cell cancer and non-cell cancer cancer, if it is simply subdivided according to the rate of progress and type of therapy. The most appropriate therapy is to treat small-cell cancer as soon as progress is performed, while it is the best therapy when it is performed in a state without remote voltage.

② Smoking may be caused by exposure to cancer that causes occupational or environmental lung cancer, and there are cases where obvious causes are not disclosed. According to the study, 3% to 17% of the lung cancer shall be presumed to be caused by exposure to occupational cancer.

③ According to the classification of the International Cancer Research Institute, Libers are classified as croup 1) in which humans are exposed, and diesel emissions are classified as substances (group 2) in which humans are likely to be exposed, and in particular, it is known that all of the two substances are likely to cause waste cancer. Since special environments at each individual are different, it is difficult to en bloc ende the quantity of exposure and the period of exposure to the above two substances that may cause the outbreak of waste cancer.

④ The result of the working environment measurement of the instant resting room and the number of money is close to the standards for harmful exposure to the Ministry of Environment, and the diesel discharge materials are close to 50% of the standards for harmful exposure to the American Government Specialized Council on Industrial Sanitation. The same applies to the results of the first measurement as above, if it was a normal working environment, it means that there is a high possibility that a situation exceeding the standards for harmful exposure to the Ministry of Environment or the American Government Specialized Council on Industrial Sanitation.

⑤ The locking of high-level cancer, such as waste cancer, is based on 10 years. However, it is an average concept, and may occur in various ways for each individual. Therefore, it is medically unreasonable to determine that the deceased’s waste cancer was generated before it, because the period in which the deceased worked as a cleaning agent for the building of this case falls short of 10 years.

6. The deceased’s working environment was poor and exposed to a certain degree. According to the content of the report on the relationship between indoor cancer exposure and lung cancer published by the U.S. Environmental Office, the average exposure in the general indoor environment was 0.25 p.m., while the risk of the lung cancer occurrence is 0.7%, it is presumed that the risk of the lung cancer occurrence is 2.3% if the maximum exposure is made to the drama of 4 pi/L. Since the decedent’s exposure is adjacent to the P 4PCi/L, the risk of the lung cancer occurrence increased compared to the general environment if the decedent’s lifelong exposure was made to the above degree. Since the period of working as a cleaning member of the building of this case was 7 years and 4 months, the above risk of the lung cancer is not applicable, but it is also unreasonable to conclude that the deceased’s working environment was entirely unlikely to cause exposure to a diesel substance, which is an additional one of the four pCi/L exposure.

[Reasons for Recognition] In the absence of dispute, Gap evidence 2 through 6, Eul evidence 1-2, Eul evidence 2, Eul evidence 5-2, Eul evidence 5-3, Eul evidence 7-1, 3, Eul evidence 8, Eul evidence 9-1 through 3, Eul evidence 10-3, 4, and Eul evidence 11, and the purport of the whole pleadings as a result of the request for the examination of medical records to the head of the Han River University Sung Hospital;

C. Determination

1) The term "occupational accident" under Article 5 subparagraph 1 of the Industrial Accident Compensation Insurance Act refers to an accident caused by an employee's occupational accident while performing his/her duties. Thus, there is a proximate causal relation between the employee's occupational accident and the accident. In this case, the causal relation between the employee's occupational accident and the disease should be proved by the assertion. However, the causal relation is not necessarily required to be proved by medical or natural science, but it is presumed that there is a proximate causal relation between occupational and disease when considering various circumstances (see, e.g., Supreme Court Decisions 96Nu1483, Feb. 28, 1997; 2005Du809, Nov. 10, 2005; 2005Du13841, Mar. 9, 2006).

2) In light of the above legal principles, the deceased’s work as a cleaning source of the building of this case for a long period of up to seven years and four months, namely, ① the deceased’s work as a cleaning source of the building of this case, or his cleaning work on the third floor parking lot of this case, or on the rest room of this case, it appears that there was no possibility of other choice in the process of cleaning the deceased’s work performance in the middle of 30 minutes of rest time in light of the fact that the deceased’s work process and the interior structure of the rest room of this case, etc., the deceased’s work performance of the above-mentioned toxic substance was no longer likely to cause or otherwise likely to cause the death’s exposure to the pulmonary substance of the building of this case (the asbestos contained in the bate of this case’s vehicle) and the diversary substance of this case’s work in the process of measuring the exposure of the deceased’s pulmonary substance to the health condition of this case before the removal of the deceased’s pulmonary substance of this case.

3) Therefore, the Defendant’s disposition that deemed that the death of the deceased does not constitute an occupational accident is unlawful, since proximate causal relation is acknowledged between the deceased’s death and the work.

3. Conclusion

The plaintiff's claim is justified and accepted.

Judges Cho Il-young (Presiding Judge) Kim Jong-san Kim Tae