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(영문) 대법원 2016.11.10 2014두11670
유족급여및장의비부지급처분취소
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

"Occupational accident" in subparagraph 1 of Article 5 of the Industrial Accident Compensation Insurance Act refers to an accident caused by an employee's occupational accident while performing his/her duties, so there is a proximate causal relation between the occupational accident and the accident. In such cases, the causal relation between the employee's occupational accident and the accident shall be attested by the claimant.

Although proximate causal relation is not necessarily required to be clearly proved by direct evidence, indirect facts such as the health condition at the time of employment, existence of existing diseases, nature of work engaged in, and working environment at the same workplace, whether the same kind of disease of other workers working in the same workplace is transferred to the same workplace, etc. should be proved to the extent that the proximate causal relation between the work and the accident can be inferred on the basis of the health

(See Supreme Court Decision 2003Du8449 Decided December 26, 2003, and Supreme Court Decision 201Du30427 Decided May 9, 2012, etc.). The lower court acknowledged the facts and circumstances as indicated in its reasoning, and determined that the instant disposition issued by the Defendant was lawful on the grounds that it is difficult to view that there was a proximate causal relation between the deceased’s duties, and the injury and death of the deceased, on the ground that it is difficult to deny the Plaintiff’s assertion that the deceased was exposed to bents during performing his duties and that there was a proximate causal relation between the deceased’s duties

The judgment below

Examining the reasoning in light of the aforementioned legal principles and records, the above determination by the court below is acceptable. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by failing

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

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