The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. Article 91-10 of the Industrial Accident Compensation Insurance Act provides that if an employee who is or has been engaged in dusty work dies of pneumoconiosis, complication, or other causes related to pneumoconiosis (hereinafter referred to as “harm, complication, etc.”), it shall be deemed occupational accident, and the matters to be considered when determining whether death has been caused by pneumoconiosis shall be prescribed by Presidential Decree.

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

Therefore, in order to recognize a proximate causal relationship between pneumoconiosis, complication, etc. and death of a worker who is or was engaged in dusty work, in order to be recognized as an occupational accident, the causal relationship should be established, and the causal relationship does not necessarily have to be clearly proved in medical and natural science. If it is presumed that there is a proximate causal relationship between pneumoconiosis, merger certificate, and disaster when considering the type of pneumoconiosis, cardiopulmonary function, merger certificate, gender, age, etc. of the worker, if there is a proximate causal relationship between pneumoconiosis, merger certificate, etc. and disaster

2. The lower court: (a) the deceased was on the part of the Korea Coal Corporation C from October 24, 1973 to March 29, 1982 for eight years and five months from 1973 to 1982; (b) the deceased was on the part of the Korea Coal Corporation C, and (c) the deceased was on the part of the judgment of pneumoconiosis symptoms (a type 2/1, f1/2 (Minor disability) and class 11 around March 2005; (c) the deceased was on the part of the deceased due to a traffic accident in 2000; (d) the deceased was on the part of a acute brain fluencing around October 200; (c) symptoms, such as the left side fluenc, etc.; and (d) the deceased was on the part of the deceased on the part of March 2010.