2015Guhap82846 The revocation of revocation of the payment of survivors' benefits and funeral expenses.

○ ○

Korea Labor Welfare Corporation

March 29, 2018

April 26, 2018

1. On September 23, 2015, the disposition that the Defendant rendered to the Plaintiff on September 23, 2015 is revoked.

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

The order is as set forth in the text.

1. Details and details of the disposition; and

A. On October 1, 1994, the deceased ○○○○ (hereinafter referred to as “the deceased”) entered the ○○ Industry Development Co., Ltd. (hereinafter referred to as “the instant ○○○○○○○○○○○○○○”) and was in charge of the external inspection of the volume of electricity used by the instant company at the Jeju Branch, and was in charge of the external inspection of the volume of electricity used by the instant company at the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, and was in charge

B. On May 26, 2014, the Deceased died on May 26, 201 by ○○○○10-ro 2** - 2 * 2 * Heatian in the neighborhood.

C. The Plaintiff, the deceased’s spouse, asserted that the deceased’s death constitutes an occupational accident, and filed a claim for the payment of bereaved family benefits and funeral expenses with the Defendant. Accordingly, on September 23, 2015, the Defendant did not have serious stress to the extent that the deceased would cause suicide, and does not specify any mental illness that may result in suicide. The deceased’s suicide cannot be deemed as an inevitable option due to loss of judgment as an independent suicide. Accordingly, on the ground that the deceased’s death was “non-related to his/her duties.”

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Summary of the plaintiff's assertion

A deceased’s occupational reason caused mental illness and influence and treatment, which led to suicide due to his normal perception, ability to choose an act, and mental suppression power due to stress, etc. according to “the implementation of the remote autopsy of ○○○○○○○○○○○○○○○ Construction”. Since there is a proximate causal relation between the deceased’s work and the death, the instant disposition is unlawful.

(b) Relevant statutes;

As shown in the attached Table-related statutes.

C. Determination

1) Relevant legal principles

The "occupational accident" referred to in Article 37 (1) of the Industrial Accident Compensation Insurance Act refers to the injury, disease, physical disability, or death of an employee who was caused by the worker's non-performance of the work during the performance of the work, and there is a causal relationship between the work and the occurrence of the accident. Although the causal relationship is ordered by the assertion of such causal relationship, in a case where proximate causal relationship is acknowledged from a normative point of view that the medical and natural science does not necessarily have to be clearly proved, there is proof. Therefore, if it can be presumed that the worker's severe occupational stress and mental pain caused by the aggravated symptoms, and that the worker's normal perception, ability to choose behavior, mental suppression capacity, and so on are faced with a situation to the extent that it is impossible to expect reasonable judgment, the proximate causal relationship between the deceased's work and the death may be recognized, and even if during that process, the personal vulnerability, such as the deceased's inner nature, had been resolved in the process of 10th 6th 15th 2, 2014.

2) Facts of recognition

A) Inspection of electric consumption by the instant company

(1) The instant company’s electric consumption inspection work entrusted by the ○○○○○ Construction consists of the affairs of visiting and checking electric meters, and the service of a written demand for electric charges, customer management work, civil petition treatment work, short circuit work, etc.

(2) The electrical meter inspection service at the Jeju Branch of the instant company was conducted by 36 non-permanent autopsy workers (hereinafter referred to as “non-permanent autopsy workers”) and the deceased managing them.

(3) The Jeju Branch of the instant company maintained more than five inspection personnel than the prescribed number on March 31, 2014, when the number of inspection personnel was less than the prescribed number during the year before the deceased’s death. The number of inspection personnel of the said branch maintained more than the prescribed number on March 31, 2014.

(4) The non-permanent guards of this case are divided into 6 teas and 20 days and carry out the inspection of electric meters by dividing the inspection schedule by area.

(5) The non-permanent sources’ benefits consisting of the benefits paid fixed and the performance fee paid according to the quantity of inspection conducted in excess of the standard quantity of inspection.

B) The deceased’s work

As a general manager of the main office of the instant company, the deceased distributed his duties to the officers of the non-permanent autopsy and performed the duties of managing and coordinating the inspection schedule of the non-permanent autopsy workers. In the previous body of the deceased, the deceased changed the area in charge by reflecting the site conditions of the non-permanent autopsy workers in April and October of each year (regular work division) and placed temporarily other non-permanent autopsy guards in the area where the space has occurred due to temporary absence and absence from work (temporary work division).

C) Expanding the remote inspection project by ○○○○○○○○

(1) The business of remote inspection of ○○○○○ Construction (hereinafter referred to as the “instant business”) is a business that makes it possible to check electric consumption without direct visit of the inspector by using a remote inspection system consisting of monitoring software and communication linkage devices located in the ○○○○○○○○○○○○○ Office (hereinafter referred to as “the instant business”).

(2) The ○○○○○ Corporation extended the instant project on September 2014 with respect to No. 45,00 of Jeju-si around early 2014, around September 2014, and decided to proceed with the instant project with respect to the entire households of Jeju-do by around 2020.

(3) Of the instant non-permanent autopsys, the number of security guards in charge of Jeju City 45 and 000 is seven. The non-permanent autopsys in the instant case showed serious fear of employment as the instant project.

(4) On September 2014, 2014, the committee for the promotion of production of the electricity-related industry trade union, including the ○○ Industrial Development Trade Union, was also in place of opposing the expansion of the project of the instant case on the ground of the light-based human resource reduction.

D) The deceased’s remains.

( 1 ) 망인은 사망 당시 가족들에게 " 여보 , 조용히 떠나려고 내색은 안 하고 평 소와 같이 지내려고 무척 애쓰면서 보내며 조금씩 떠날 준비를 하며 오늘을 맞았네 . 처음 겪는 황망한 일이지만 , 잘 넘겨서 꿋꿋하게 살아가길 빌겠소 . 허례허식 없이 조용 히 보내주고 , 어머니 잘 부탁하네 . 불효자가 할 말은 없네만 , 당신 늘 말하는 △△ 생 각하고 힘내 . 남들 말에 마음 아파하지 말고 , 귀양풀이 , 사십구제 등등 하지 말고 어차 피 지내는 설 , 추석 차례 때 잊지 않는 것으로도 감지덕지지 뭐 . ○○이하고 ○○ 이는 △△ 키우느라 힘든데 못난 아비 때문에 힘든 일 더 치르게 해서 미안하고 , ○○ 이는 평소와는 다르게 어머니 잘 보필하렴 . 모두에게 짐만 남겨두고 가서 미안하구나 . " 라는 내용의 유서를 남겼다 .

(2) In addition, the Deceased left for the employees of the instant company with the following descriptions:

40, 40, 200, 200, and 30,000,000,000,000,000,00

However, it is difficult for the weak to prevent him from doing so. It may be performed in the deceptive scheme of the upper right and the order of the upper right.

In addition, . . . Does smartphones can also be seen as well as smartphones? They can be seen as a remote failure in the end.

As we have found our employees, we need to find.

Many public holidays should consider whether the person who does not counter-fash and how to meet the computer schedule, and 2 fab

The customer response unit is bound to be neglected daily work, and there are many tasks to be done. Additional duties are.

J. :

There is no reflective prediction that there has been rained, and there is no day on which the masty and typhoons are sturd; and

Along with the end of the autopsy, it is possible to sleep with the exemption of water, and the body weight of the body can also be duplicated.

It is not open to the public.....

Korean employees who are extremely hotly engaged in as ordered. Moreover, they may have more ever and more stiffed.

(1) The main office of the State, but the main office of the State, the main office of the State, and the main office of the State, and the main office of the State.

Now, Jin, Jin, Jin○○, and anyone who is not able to rely on the ○○C’s good faith;

먼저 떠나는 못난 동료를 용서하여 주시길 빕니다 .

Although annoyed, annoyed, even if it is a bif it becomes a brine and is currently in preparation, it will be greater if it is deferred.

I will no longer grow up.

All health nife.

E) Mental health of the Deceased

(1) On May 16, 2013, the Deceased was diagnosed by around 00 ○○ Mental Health Doctor as “a non-disceptic personality disorder, mixed unmix uneasiness, and depression disorder” in detail, and received treatment, such as drug treatment, from that time until April 30, 2014.

(2) In relation to the death of the deceased, the Defendant advisers do not seem to have caused a serious stress on the deceased’s duty to commit a suicide. The Deceased’s influence does not seem to have been caused by training the deceased’s work and, in particular, the state of mental illness that is likely to result in suicide cannot be specified. It is difficult to see that the other suicide is an inevitable option due to the loss of the ability to determine, and it is difficult to see that the suicide expected to result in an influence without the reduction of human resources, as military register condition or loss of the ability to determine.

(3) Appraisal of the deceased’s medical record appears to have been provided with advice and support to the deceased’s emotional distress. From October 12, 2013, it is generally deemed that the deceased’s medical record was used for depression and treatment effect, and that its capacity increased twice. According to the medical record on October 12, 2013, it is likely that the deceased’s mental disorder might have deteriorated because of the larger use of nephical surgery than normal ones. The deceased’s mental health clinic’s emotional distress treatment is likely to have been provided to the deceased’s emotional distress after identifying the symptoms of the deceased and identifying causes of the suicide. In other words, it would be difficult to see that it would be difficult for the deceased to see that there was a serious risk of suicide between the deceased’s psychological disorder and nephical disorder, and that it would be difficult for him/her to see that it would have caused a tension between the deceased’s psychological disorder and ephical disorder.

(f) Other

(1) The deceased, who worked at the Jeju branch of the instant company with the deceased, was in the Defendant’s investigation related to the death of the deceased, and the construction of the “○○○○○○○○○○○○○ was in the middle of the Jeju branch of the instant company, and as a result, seven out of the non-permanent autopsy sources in the instant case was in the situation where the work would be lost. The deceased selected the above 7 persons and again distributed the remaining work outside the above 40,000 persons to the non-permanent autopsy. The deceased stated to the effect that the deceased would have been well distributed to the employees of the Jeju branch of the instant company. In addition, the deceased, around early 2014, prepared the statement that “the deceased would know how much more than 40,000 people would know about how to start the instant business, but it would have to be retired within our employees.”

( 2 ) 망인의 아들 임◆◆은 망인의 사망과 관련하여 제주서부경찰서에서 ' 망인 은 과묵한 편이지만 가족들과 잘 지냈고 , 대인관계도 좋은 편이었다 ' 라는 취지로 진술 하였다 .

[Grounds for recognition] The facts without dispute, Gap's evidence Nos. 1-6, 12-16, 18, 19, 22, Eul evidence Nos. 1-4, and Eul's fact-finding with respect to the company of this case and Eul's No. 1-4, each fact-finding with respect to the company of this case and Eul's No.

3) Specific determination

A) Taking into account the following circumstances known through the above recognition, the deceased’s opinions, despite of the Defendant’s advisory opinions, seems to have continuously deteriorated due to the disability of unexplosion, mixed uneasiness, and depression disorder, etc. caused by occupational stress, and due to the expansion of the instant work and the instant project, resulting in suicide under the circumstances to the extent that it is impossible to expect reasonable judgment due to a significant decline in the normal perception ability, behavior preference ability, and mental suppression power. Compared to the deceased’s work and death, proximate causal relation between the deceased’s death may be recognized.

① The Deceased, as a general manager of the Jeju Branch of the instant case, performed tasks, such as changing and re-distribution the area of the deceased’s work site during April and October of each year. The head of the foregoing work site, as a direct impact on the performance fee of the non-permanent workers, is bound to be accepted by non-permanent workers, and the Deceased also seems to have been under considerable stress to minimize the impact on the completion of the non-permanent workers’ performance. Furthermore, the foregoing electrical meter operations are carried out for a large period of one month and two hundred days, and it is difficult for the Deceased to carry out the inspection work for each non-permanent area. In view of the foregoing, it is difficult for the Deceased to settle electricity charges on which the deceased’s work was carried out on the premise of the above inspection, service of pre-permanent demand charge, customer management, and subsequent work site management, etc., for each non-permanent worker, the Deceased’s work site should be determined to have been carried out for a considerable period of time from 0 months to 20 days.

② On May 16, 2013, the Deceased was diagnosed by around 00 ○○ Mental Health Doctor’s clinic as “unexplosion disorder, mixed uneasiness, and depression disorder.” According to the Deceased’s medical record, the time when the Deceased complained of the mental health problem, such as an unexplosion, is around 2011. This overlaps with the time when the Deceased started to be in charge of the autopsy at the main place of the instant company. Based on the medical record, the time when the Deceased was in charge of the autopsy general duty and the time when the Deceased complained of the mental health problem, such as depression, for any reason other than around 201. In addition, if the Deceased’s stress on the part of the deceased on the part of the year 201, it is difficult to view that the Deceased complained of the mental health problem, such as an uneasiness disorder, etc., due to occupational depression disorder, such as an uneasiness disorder and uneasiness disorder in the body.

③ The instant project is a project that makes it possible to conduct electricity usage inspections without direct visit by out-of-the-door inspectors. When the instant project is expanded, not only need to be conducted during the long time, but also the cost due to the introduction of the remote inspection system. It was difficult to cause fear of employment that the outside-of-the-spot inspectors and the Deceased would be able to reduce seven outside-round inspectors in charge of No. 45 and No. 000 at Jeju. In light of the implementation of the instant project around early 2014, the Deceased could not be able to leave out of the job site for the purpose of preventing the implementation of the instant project. Considering that the implementation of the instant project would have been carried out by the implementation of the instant program, it would be difficult to say that it would be difficult for our employees to retire during the first year, and that the instant program would not be implemented for the reason that the instant program would not be implemented by the Electrical Workers’ Association, including the fact that ○ Industrial Development Trade Union, which was in charge of the instant project.

④ From October 12, 2013, the deceased’s mental illness aggravated, increased by two times the volume of his previous medicine used. From April 30, 2014, the deceased was provided medical treatment at ○○○○ Medical Center before his/her death, and was unable to cure the disease initially diagnosed during the time of his/her death, uneasiness, depression, and depression. The diagnosis of the deceased’s medical record shows that, if he/she adversely enhances the value of the deceased’s work, he/she would have a desire to live as a result of his/her mental disorder, and that it would have a significant stress on the deceased’s work site, such as mental stress, which would have been caused by his/her mental disorder. In light of his/her mental stress, it would have been likely that his/her mental disorder would have been considerably deteriorated and that his/her mental stress would have been caused by his/her mental disorder. In light of the foregoing, it would have been likely that the deceased’s mental disorder would have been at the time of his/her death.

⑤ The contents of the statements prepared by the deceased to their family members are appropriate to have them live well even after their death, and the deceased seems to have no special economic problem in relation to his family members. Moreover, any particular problem is not revealed in the character and personal relation of the deceased.

B) Therefore, the instant disposition is unlawful.

3. Conclusion

The plaintiff's claim is reasonable, and it is so accepted as per Disposition.

Judges Kim Jong-il

Judges Kim Jong-Gyeong

Judges Hong Man-mo

[Attachment]

Relevant statutes

former Industrial Accident Compensation Insurance Act (amended by Act No. 14933, Oct. 24, 2017)

Article 5 (Definition)

The terms used in this Act shall be defined as follows:

1. The term "occupational accident" means an injury, disease, disability or death of a worker caused by an occupational reason. Article 37 (Standards for Recognition of Occupational Accidents)

(1) An injury, disease, or disability caused by any of the following causes:

Death shall be deemed an occupational accident: Provided, That if there is no proximate causal relationship between the business and the accident, it shall be deemed that there is

this provision shall not apply.

1. An occupational accident:

(f) Other accidents in connection with the business affairs.

(2) A worker's intentional injury, self-harm, or criminal act or an injury, disease, or disability caused by such act.

or death shall not be deemed an occupational accident: Provided, That the injury, disease, disability or death thereof shall be determined.

The Presidential Decree, which is caused by an act in a state in which the common sense ability, etc. is clearly deteriorated;

If any ground prescribed by the Presidential Decree exists, it shall be deemed an occupational accident.

Enforcement Decree of the Industrial Accident Compensation Insurance

Article 36 (Standards for Recognition of Occupational Accidents Due to Self-Hain)

"Grounds prescribed by Presidential Decree" in the proviso to Article 37 (2) of the Act means any of the following cases:

1. A mentally ill person who has received or is receiving medical treatment for mental illness arising from a job-related ground;

When he/she does self-injury in action;

2. A person receiving medical care due to an occupational accident who is in a state of mental disorder caused by the occupational accident;

in the case of an act

3. Other medical causes that self-harm is done in a state of mental disorder caused by a work-related reason.

case of recognition as such;