The case holding that a proximate causal relationship between the above security guard's duty and duty should be inferred in light of the type and duty of duty, health status, etc. of the above security guard's duty, in case where the security guard of the car company caused the above security guard's night duty at night (23:0 to 07:00) at night on a five-day day and the night duty at night (19:0 to 07:00) at night on a two-day day after leaving his office for two consecutive days and leaving his office for a second day.

The case holding that a proximate causal relationship between the above security guard's duty and duty should be inferred in light of the type and duty of duty, health status, etc. of the above security guard's duty, in case where the security guard of the automobile factory caused the above security guard's night duty at night (23:0 to 07:00) at night on a five-day day and the night duty at night (19:0 to 07:00) at night on a two-day day after leaving his office for two consecutive days and leaving his office for a second day.

Article 4 subparag. 1 of the Industrial Accident Compensation Insurance Act

[Judgment of the court below]

Korea Labor Welfare Corporation

may 22, 2006

1. On June 22, 2004, 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 September 1, 2003, the Plaintiff became a security guard at the Youngnam Office Co., Ltd. and was working for the Ulsan Hyundai Motor Station as a security guard. On February 23, 2004, the Plaintiff was diagnosed as the “the heart suspension of tax missing,” which is the instant disease, as a result of the diagnosis conducted at the Ulsan National University Hospital, since it was difficult for the Plaintiff to see and conceal the commodities in the face of a sudden production at around 09:20 among those who were set aside around February 23, 2004 and temporarily set away at around 07:05.

B. On March 20, 2004, the Plaintiff filed an application for medical care on the ground that the instant disease occurred due to overwork and stress to the Defendant, and thus constitutes occupational accident. On June 22, 2004, the Defendant rendered the instant disposition, which rejected the Plaintiff’s application for medical care on the ground that there is no proximate causal relation between the instant disease and the work.

[Grounds for recognition] The descriptions of Gap 1-4 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The plaintiff has accumulated about six months since rhythrhy rhythy due to the three major security services. In particular, the plaintiff has been concentrated for three days prior to the occurrence of the disease in this case. In the modern vehicle restructuring plant, when people who have been retired from post are mobilized on the day that prevents them from punishing agricultural nature, or are mobilized other dynamics, the plaintiff was under mixed guard duty, and the above overwork and stress caused the disease in this case, so the disposition denying this is unlawful, even if there is a proximate causal relation between the disease in this case and the duty.

B. Facts of recognition

(1) The Plaintiff’s form and details of work

(A) From January 1, 2001, 2001, the well-dying Master Co., Ltd. was a service company that had been engaged in the internal and external guard service in the Hyundai Automobile Co., Ltd. and Hyundai Automobile Factory. The Plaintiff was employed by the well-dying Master Co., Ltd. on September 1, 2003 and served as a security guard in the Hyundai Automobile Factory.

(B) The Plaintiff was in charge of outside visitors management, verification of access certificates by visitors, inspection, search, etc. at the time of leaving or leaving a vehicle of modern automobile employees, and the Plaintiff was also in charge of internal patrol at the factory, external control, and search for the prevention of theft of automobile parts when on night or no leave.

(C) The form of work is 3:00 to 15:00 a day duty, the night duty is 15:00 to 23:00 a day duty, the night duty is 23:00 to 07:00 a day duty, the day duty is 07:0 to 19:00 a day duty as prescribed by Article 2, and the day duty is 07:0 to 19:00 a day duty as prescribed by Article 2, the night duty is 19:0 to 07:00 a day duty, and the day duty is 19:0 to 07:00 a week duty on three weeks, and all other holidays were 3.

The day and the first night work were 30 minutes per one group of two persons, each of which was work alternately, and 4 man 1 each class work every 30 minutes in the middle.

(D) The Plaintiff worked at night - The night duty - the night duty - the night duty - the weekend duty - the night duty - the night duty. From February 16, 2004 to February 20, 2004, prior to the outbreak of the instant disease, the Plaintiff worked at night every eight hours during the night duty and 12 hours on February 21 and February 22, 2004.

(E) At the time of the Plaintiff’s performance of guard duty, 3 to 4 times a week if there are many persons subject to restructuring; 1 to 2 times a week; and 3 to 3 to 4 times a week a week; and 1 to 2 to 3 to 3 times a week a week a week; in order to prevent the deaf-mute from entering the factory, some of the security guards were waiting in front of the door, and in this case, there was a case where they need to take charge of guard duties on their own or work

(F) From January 5, 2004, the Plaintiff was unable to 49 days until February 22, 2004, prior to the occurrence of the instant disease.

(2) Plaintiff’s health status, etc.

(A) On July 26, 1979, the Plaintiff was 24 years old at the time of the instant disease, key was 178cm and body weight was 74 kilograms. On a day, smoking was 1-2 times per day, drinking was 1-2 times per week, and drinking was 1-2 disease per week.

(B) The Plaintiff did not have any special existing disease in terms of the medical history, and no special existing disease was found in the heart examination conducted at the Ulsan National University Hospital.

(C) At present, the Plaintiff’s awareness has been recovered, but the Plaintiff is in a state that is entirely in need of the help of others for daily life action and movement due to the lectures of telegraph caused by low oxygen brain damage.

(3) Medical opinions

(A) The medical doctor, non-party 1 of the Ulsan National University Hospital Hospital which is the Plaintiff’s principal doctor: the Plaintiff suffered from damage to low carbon due to the heart of the Plaintiff’s sudden breakdown, and according to the guardian’s statement, the Plaintiff was performing a day-time shift work according to the guardian’s statement, and the instant disease occurred due to excessive physical labor continuing to work at night for one week prior to the occurrence of the accident.

(B) The Defendant’s advisory doctors: (a) there was no special existing disease in the Plaintiff’s medical history; (b) it is difficult to see that the nature or content of the work is related to normal course or excessive stress; and (c) it is not possible to recognize the relevance of work under overall circumstances, such as the fact that the place of occurrence of the accident is the house, etc.; and (b) it is difficult to see that the heart disease in which the cause is unknown was presumed to have occurred during the period of performance of work and that it was exposed to chronic course and stress before the outbreak; and

(C) The fact-finding by the court on the Head of Ulsan National University Hospital (non-party 2 in the heart) : The instant disease is medically similar to that of the head of Ulsan National University Hospital, and the depth degree, the heart, the heart, and the blood control surgery conducted by the Ulsan National University Hospital was not found under normal circumstances, and thus, the causal link as to the possibility that overwork and stress caused the instant disease cannot be described.

(D) The court's entrustment of the medical record appraisal of the director of the Ondones University Character Hospital (non-party 3 in the circular cycle and doctor non-party 3): The plaintiff's heart suspension seems to be most caused by a fatal scarcity or acute scarcity, and it is highly likely that the disease was actually caused by serious overwork or mental stress in the state of scarcity with the cattle. Even if there is no basic military register personnel, excessive overwork and stress may cause unrest and heart suspension. The disease of this case is medically similar to the higher class of the year of scarcity.

[Based on recognition] Gap evidence 2-1, 2, Gap evidence 3, 4, Eul evidence 5-1-3, Gap evidence 6-1-6, Gap evidence 7, Eul evidence 8, Eul evidence 1-4, Eul evidence 5-1-3, the testimony of non-party 4, the testimony of the witness non-party 4, the testimony of the court for the performance of the medical examination of the director of the Silsan University Hospital and the head of the Silsan University Hospital, the purport of the whole arguments, and the purport of the whole arguments.

(c) Markets:

(1) An occupational accident under Article 4 subparag. 1 of the Industrial Accident Compensation Insurance Act refers to an accident that a worker suffers from the performance of his/her duties, and there should be causation between the occupational and the disaster. The causal relationship should be proved by the assertion of the causal relationship, but medical and natural science should not be clearly proved. In light of all the circumstances, including the health conditions of the worker at the time of employment, the developments leading up to the outbreak, the details of the disease, and the progress of treatment, there should be proof of proximate causal relationship between the occupational and the disease.

(2) According to the above facts, the cause of the disease of this case can be presumed to be caused by a fatal and aesthetic disorder or acute light disorder. Based on the medical opinion that the disease of this case was caused by severe overwork or mental stress in the state of suffering from sick, the Plaintiff continued to work for the purpose of 3 weeks except for those on Saturdays and Sundays once every 49 days from Jan. 5, 2004 to Feb. 22, 2004, it was difficult to find out that there was a special conflict between the Plaintiff and the Defendant during 1 week from the end of 80 days from the end of 200 days from the end of 10:5 hours from the end of 30-day from the end of 10-day from the end of 10-day from the end of 30-day from the end of 10-day from the end of 30-day from the end of 10-day from the end of 10-day from the end of 10-day from the end of 10-day.

Therefore, the instant disposition that did not approve the Plaintiff’s application for medical care on the ground that the instant disease does not constitute an occupational accident is unlawful.

3. Conclusion

Thus, the plaintiff's claim seeking the cancellation of the disposition of this case is justified, and this is accepted.

Judges Park Jong-chul (Presiding Judge)