1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The grounds for the judgment of the court of first instance quoted in the judgment of the court of first instance pursuant to Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, which shall include the following 2.

2. Additional matters;

(a) For the recognition of death due to an occupational accident (i.e., occupational accident) under the Industrial Accident Compensation Insurance Act, the death in question is caused by the occupational accident, and there is a proximate causal relation between the occupational accident and the accident. In this case, the causal relation between the occupational accident and the accident of the worker should be proved by the assertion. Thus, if the private person of the worker is unclear, the death can not be presumed due to his occupational accident

(see Supreme Court Decision 2003Du8449, Dec. 26, 2003). The existence of proximate causal relation between work and accident should be determined on the basis of the health and physical conditions of the relevant employee, not the average person, not the average person. The degree of proof of causal relation does not necessarily have to be clearly proved in medical and natural science, and it is proved that there is proximate causal relation between work and accident, considering all the circumstances, even if it is presumed that there is proximate causal relation between work and accident.

However, it is difficult to presume that there is a causal relationship immediately where the risk inherent in his/her business cannot be seen as realizing, as the causes of the outbreak and aggravation of the disease are not always related to his/her business, but the causes of the outbreak and aggravation of the disease are involved in the work in modern medical science.

(See Supreme Court Decision 2001Du7725 delivered on February 5, 2002). On the other hand, the content of the division is difficult to find an ordinary person, and there was a disease or physical and mental factor that may cause death to the principal.