In a case where the Korea Workers' Compensation and Welfare Service (Korea Workers' Compensation and Welfare Service) approved the application for medical care due to diagnosis of a yellow disorder while workers who worked as the subway vice head for an agency company transferred to another workplace, the case holding that it was presumed that the injury or disease was caused by physical or mental stress suffered from a yellow disorder, or aggravated due to natural progress, after the worker transferred to an agency company, due to physical or mental stress.

In a case where the Korea Workers' Compensation and Welfare Service (Korea Workers' Compensation and Welfare Service) approved the non-approval of the application for medical care due to the diagnosis of a yellow disorder while workers who worked as the subway vice head had transferred to an engineer company, the case holding that, in light of the following: (a) in a case where workers who were in the position of an engineer were found to suffer from physical physical skin and psychological stress continuously after changing to an engineer company due to the tension that they have to repeat their departure and stopping at the accurate time due to the characteristics of high speed operation, and the characteristics of the operation of subways; (b) the submission of a explanatory report due to the delay in operation; (c) press report; and (d) reprimand training following the change of engineer company; and (e) the fact that workers who were in the position of an engineer company have been suffering from physical or psychological stress after changing to the engineer company; and (b) the worker is presumed to have been suffering from physical and mental stress that

Article 5 subparagraph 1 of the Industrial Accident Compensation Insurance Act

[Judgment of the court below]

Korea Labor Welfare Corporation

April 9, 2009

1. On June 25, 2007, the defendant revoked the disposition of non-approval for medical care granted to the plaintiff.

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 20, 1984, the Plaintiff was employed in Seoul metro and worked as a vice head. From March 2003 to the subway station, the Plaintiff was transferred from March 12, 2007 to the emergency room of the U.S. P. on March 12, 2007, and was sent back to the U.S. P. on May 16, 2007, when the Plaintiff was unable to operate the train due to his own disturbance during the train operation, satisfing the chest and satisfing the satisfing. After which the Plaintiff was diagnosed by the “Public Yellow Disability” (hereinafter “the instant injury”).

B. On June 25, 2007, the Defendant rendered the instant disposition that rejected medical care on the ground that it is difficult to see that the Plaintiff was subject to non-ordinary stress in performing his duties as an engineer, and that the factors of the occurrence of an anti-competitive disorder seems to have played a strong role in an individual’s vulnerability rather than in relation to his duties.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion

From March 17, 2003 to March 12, 2007, the Plaintiff served as a subway deputy head for about four years. Since around July 2004, the Plaintiff had a tension and psychological pressure at all times due to high speed access to platform platforms, tensions facing the stop location, and tensions due to failure to treat broken-outs, etc., and the instant disposition by the Defendant was unlawful on a different premise.

B. Facts of recognition

(1) Status and details of work;

(A) On April 20, 1984, the Plaintiff was employed in Seoul Mcro (a subway 1-4) and served as the deputy head in the office of the ○○ passenger service. On March 17, 2003, the duties of the deputy head were transferred to the engineer. The Seoul Mcro is implementing two-person service systems in the operation of the subway, while the operation of the subway is being driven by the engineer in the front section of the subway, and the vice head performs incidental business related to the operation of the subway from the rear section to the next section.

(B) On July 1, 2004, while the Plaintiff was operating a subway as an engineer, there was an accident of delayed operation for nine minutes due to the problem of opening the electric entrance of the previous subway, and on the 14th of the same month, the occurrence of an accident of delaying the operation of the electric auxiliary device for twenty minutes or more due to the breakdown of the electric auxiliary device. The Plaintiff prepared an explanatory note regarding each of the above accidents, and in particular, on July 14, 2004, reported the accident to the press. Since then, the Plaintiff was classified as the U.S. engineer, and received various kinds of education on the breakdown of the previous truck during six months from July 15, 2004 to December 204.

(C) On March 17, 2008, the Plaintiff is in charge of signal-related work by suspending agency work and being assigned to ○○ Signals Security Office.

(2) Health conditions and development circumstances;

(A) On April 20, 1984, the Plaintiff entered the Seoul metro, and was working as the deputy head at the ○○ Office of Maritime Affairs did not have any particular problem with health. Moreover, there was no person suffering from a disease related to the upper branch before the occurrence of the instant injury, and there was no person suffering from a disease related to the public disorder even among the Plaintiff’s family members. The Plaintiff is the owner of an resistant and serious nature. The Plaintiff’s father was the owner of an unidentified and serious nature. The Plaintiff’s father died of the cause unknown at the time of 9 years of age, the mother died of the 20 years of age, the death of the her mother was the 15 years of age, and on May 22, 2007, the her mother died of the her mother as the lebane.

(B) (1) On March 4, 2006, the Plaintiff: (a) 2006.3.3.4, the Plaintiff was diagnosed to have been diagnosed to have an instituous stimulous stimulous stimulous stimulsation in the upper ○○○○○○○○ University; (b) the Plaintiff was diagnosed to have an instituous stimulsation and stimulsation in the upper stimulsation; (c) on October 20, 2006, the Plaintiff was diagnosed to have an instituous stimulsation and stimulsation in the 60th century; and (d) on November 6, 2006, the Plaintiff was diagnosed to have an instituous stimulsation and stimulsation in the 20th of the said hospital; and (e) on October 7, 2006, the Plaintiff was diagnosed to have an instimult 2000 stition.

(3) Medical content pertaining to yellow disorder

(A) Definition of the Fair Economic Disability

The public yellow disorder is characterized by an excessive concern about the rashing of rash and rashing that are naturally repeated. The rashing of rash is caused by a rash disorder, and the body and cognitive symptoms of the same fear of rashing, massing, rashing, rashing, or death continue for more than one hour.

(B) The symptoms of a yellow disorder;

In most cases, the first yellow dust is naturally occurring in the absence of a honor. A sudden symptoms over about 10 minutes occur, and there are physical symptoms, such as respiratory distress, heart resistance, chest pressure, chest pressure, scarfing, scarfing, and scarfing, etc., with the fear that the death or might immediately occur. Some patients are flafing. Some patients are flafing. They continue to be more than 20-30 minutes of the opening, and are slowly or rapidly broken for more than one hour. The example of the yellow dust continues at the time of the absence of the public yellow dust, and it is difficult or difficult to regulate by themselves due to the outbreak, and it becomes flafing, and it becomes a negafing.

(C) The cause of the outbreak of an official disorder;

There are several provisional facilities for the cause of a yellow dust, but no sufficient explanation is given to any one. Various factors are expected to cause a yellow dust as multiple factors act together.

① Biological factors are presumed to be related to brain structural and functional disorder on the basis of the biological research results of the anti-sulfur disorder. The results of the study on the control of the terminal and the mid-tourial boundary in the self-regulation system, the increase of the sub-liviral activation in the terminal, the abnormal level of nephism in the MRI test, the abnormal level of brain at a specific level in the brain in the MRI test, and the controlling parts of the cerebrovassis are supported by the biological installation.

② Genetic factors are known to have a high genetic tendency as a severe sulfur disorder day. The results of the study that the first blood relationship of a patient with a sulfur disorder has a high risk of about 4-8 times the amount of 4-8 times the amount from the primary blood relationship, and that the proportion of the public sulfur disorder occurs at the same time in the same place than the pairs.

(3) Mental and social factors.

- Recognizing behavioral theory: Along with learning behavior or classical conditions (e.g., from the time of subwaying to the ‘defeasible symptoms such as heart navigational resistance' = Defasing the symptoms of depression disorder by means of “e.g., yellow dust connected to the “e.g., subway”).

- Epidemiological dynamic medicine theory: A temporary site is that the gal physiological change arising from an aesthetic or psychological response of stress incidents is related to the occurrence of a yellow disorder. Many galphalopic patients seems to have no psychological factor in ice, but there are many cases where psychological promotion factors of a yellow dust can be found when searching mental dynamics. Although the yellow dust is related to the biochemical wave, it is generally known that the first yellow dust is related to the environmental and psychological factors, in general, before the occurrence of a yellow dust disorder compared to the general public, the stress case, in particular, the frequency of loss is higher, and the stress on a living case is more severe than the ordinary people. In addition, it is related to the occurrence of an adult yellow dust after the parent's loss at the time of galopic disorder is related to the occurrence of a yellow dust.

(4) Medical opinions

(A) Major Institute's opinion (A.I. Mangsan Hospital at Human University)

From March 28, 2007, the Ministry of Health and Welfare has been receiving a outpatient treatment from the negotiology since Mar. 28, 2007. The treatment of negotiological disorder is likely to require for more than three months.The Ministry of Health and Welfare is believed to have caused stress.

(B) The results of fact-finding with respect to the Human University Seoul White Hospital

According to the report of Shehan, 91% of the patients with sulfur disorder was related to the first stress. Korea also acknowledges that there was stress prior to the occurrence of 88% of all patients with sulfur disorder, according to the investigation conducted on 100 patients with sulfur disorder. Among them, a large number of 8% of the occupational disorder has also been reported. A large number of the occupational disorder has been reported. The recent occupational disorder has been reported after a mental disease (e.g., sulfur disorder and adaptation disorder) occurred after the transition of duties, and there was a yellow disorder related to stress in various occupational categories. There was also a case where the work in the sealed and complex space, such as subway stations, caused occupational stress, and is recognized as an industrial accident caused by sulfur disorder. Since the failure of performing the duties of the Plaintiff, there was a show of sulfur disorder.

(C) Results of inquiries into the Director of △△△△ branch

On March 15, 2007, the Plaintiff: (a) the hidden disorder was distort with each other on March 15, 2007; and (b) the Plaintiff diagnosed it as a heart disorder, an indeption disorder, and an indeption disorder; (c) the heart disorder is not significant in the clinical significance due to the deception of the heart disorder, but may be related to the depression disorder, and may be related to stress.

(D) The results of inquiry into △△ Director

On June 20, 2007, the Plaintiff complained of a water surface disorder and frequent two copies due to an anti-competitive disorder. This may cause stress, and there is no obvious evidence to suggest a special relationship with an individual.

(e) Opinions of advice

(1) Advice 1: The lack of causal relations and the grounds for recognizing sulfur disorder.

② 2. Advice 2: It is reasonable to recognize the public disorder as not only caused by occupational stress, but also because the Plaintiff has no experience of non-ordinary stress.

(3) Advice 3: It is reasonable to approve that there is no evidence of non-ordinary stress in comparison with other workers, and that there was a strong behavior of an individual's vulnerability rather than in relation to work as a factor of the outbreak of an anti-ordinary disorder.

(4) Advice 4: It is presumed, as a result of the review of relevant data, that there exists a view that it conforms to the anti-competitive disorder, but it is reasonable to grant non-approval because it is difficult to see that there is considerable occupational stress that can be deemed as the cause or incentive of this disease

(f) Opinions on appraisal (Seoul National University Hospital)

- The first yellow dust is considered to be related to environmental and psychological factors. However, since it is difficult to consider the type or strength of environmental and psychological factors and to have objective criteria to recognize the causal relationship, it can be different depending on the background and supervision of the evaluator. Even if experts participate in the environmental and psychological factors to the extent recognized, it is judged that there is a low possibility that the public yellow disorder may occur with a person who has no biological factors.

- It can be understood that genetic, biological, and psychological factors both can be the cause of sulfur disorder and that they can be caused by interaction between the two factors. In a extremely, persons with a large amount of genetic and biological factors may naturally occur without stress, i.e., e., yellow dust naturally without stress, and on the contrary, where environmental, psychological factors are very heavy, it is possible to create yellow dust even for those with low genetic and biological factors.

- If a crew member who is not a extreme stress such as suicide is exposed to a general stress that anyone can have experienced on duty, it is considered to have contributed to a certain degree of contribution to the occurrence of a yellow disorder beyond a medical evaluation, which is determined by legal logic and social consensus.

- Generally, it cannot be said that the depression disorder is not a disease caused by occupational stress. In the case of the Plaintiff, the current general view of a psychiatrist is deemed that the environmental and psychological factors have worked as a promotion factor in a state of biological vulnerability. There is only ordinary stress experienced on duty, and there is a tendency not to be recognized as an occupational accident unless there is evidence that the sulfur disorder is more superior to the general public.

[Based on the basis of recognition] The facts without dispute, Gap evidence 2 and 3, Gap evidence 4-1 through 4, Gap evidence 5, Gap evidence 6-1 through 5, Gap evidence 7-1 through 6, Gap evidence 8-1 through 3, Gap evidence 10, Gap evidence 12-1, Eul evidence 12-1, and Eul evidence 1-4, Eul evidence 2, fact-finding results (the head of Incheon University University Hospital, the head of △△△△△ branch, the head of △△ branch, the head of ○○ branch, the director of ○○ branch, the director of △ branch, the director of △ branch, the director of △ branch, the director of ○ branch of △ branch), the results of the examination of medical records, the purport of the whole pleadings, and the purport of the whole pleadings.

(c) Markets:

(1) The term "occupational accident" under Article 5 subparagraph 1 of the Industrial Accident Compensation Insurance Act refers to an occupational disease caused by the worker's occupational injury while performing his/her duties. Thus, there is a causal relationship between the occupational disease and the disease. However, even if the main cause of the disease occurred without a direct relationship between the performance of his/her duties and the performance of his/her duties, if he/she causes or worsens the disease as a result of his/her main cause overlaps with the main cause of the disease, the causal relationship should be deemed to exist between him/her. The causal relationship does not necessarily have to be proved clearly by medical and natural science, but it is presumed that there is a proximate causal relationship between his/her duties and the disease when considering all the circumstances, and it is also included in the case where the basic disease which can normally work at ordinary level or the existing disease has aggravated rapidly above the natural speed due to the excessive performance of his/her duties, and the existence of a causal relationship between his/her duties and the disease should be determined based on the health and physical conditions of the worker concerned, not on an average person (see, 200Du4538, Jul.

(2) As seen in the instant case, it is widely known that the Plaintiff had been suffering from severe mental disorder, i.e., mental disorder, e., e., mental disorder that occurred during the 7th anniversary of the fact that the Plaintiff had been suffering from the instant accident, i.e., mental disorder and 4th of the instant accident. According to the fact that the Plaintiff had been suffering from severe mental disorder, i.e., e., mental disorder and 4th of the instant accident, and that there were no mental stress on the 6th of the instant accident. However, according to the fact that the Plaintiff had been suffering from severe mental disorder and 4th of the instant accident, it appears that the Plaintiff had no mental stress on the 6th of the instant accident, and that there were no mental stress on the 4th of the instant accident, and that there were no mental stress on the 6th of the instant accident, and that there were no mental stress on the 3rd of the instant accident.

3. Conclusion

If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

Judicial Sub-lease