2015Nu3134. Revocation of revocation of the payment of survivors' benefits and funeral expenses;

A

Korea Labor Welfare Corporation

Seoul Administrative Court Decision 2013Guhap5895 decided December 18, 2014

June 19, 2015

July 3, 2015

1. Revocation of a judgment of the first instance;

2. On November 27, 2012, the Defendant revoked the disposition of bereaved family benefits and funeral site pay to the Plaintiff on November 27, 2012.

3. All costs of the lawsuit shall be borne by the defendant.

1. Claim: The Defendant’s revocation of a disposition of bereaved family’s benefits and funeral site pay to the Plaintiff on November 27, 2012.

2. Purport of appeal: It is so ordered;

1. Quotation of the reasons for the judgment of the first instance;

This judgment is based on the reasoning of the judgment of the court of first instance, except for dismissal or addition of the following matters, and thus, it is based on Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

(1) On Part 9, the following shall be added to the following parts:

If ○ is in charge of the work exceeding his/her capacity to perform his/her duties, that is, if the demand for the work exceeds his/her capacity to perform his/her duties, joint and several dusts may increase.

Pursuant to Article 2013-32 of the Ministry of Employment and Labor’s notification, the average working hours per week during 12 weeks prior to the occurrence of the chronic heavy work shall be 60 hours, and the average working hours per week during 4 weeks prior to the occurrence of the outbreak shall be 64 hours, and even if it falls short of this standard, it may be set that the number of working hours would increase as much as possible. The 12 weeks working hours prior to the occurrence of the Deceased’s occurrence shall be 59.5 hours per week average, 61.5 hours per week average, and the 4 weeks working hours prior to the occurrence of the outbreak do not fall short of the standards for the Ministry of Employment and Labor’s notification. However, as seen in 12 weeks prior to the outbreak, 8 weeks prior to the outbreak, 4 weeks prior to the outbreak, and 1 week prior to the outbreak. Moreover, the number of working hours prior to the occurrence of the outbreak was 4 days prior to the occurrence of the outbreak, but no more than the increase in work hours prior to the outbreak.

[Attachment 1] Working Hours of the Deceased before the outbreak

A person shall be appointed.

In summary, the 12 weeks prior to the occurrence of the deceased is less than the standard of the Ministry of Employment and Labor’s announcement. However, even if it falls short of this standard, the relevant increase in working hours, the more increase in working hours, and there was a job stress that is not reflected in working hours, and there was no past or social ability that could cause risk factors of the deceased’s injury, the cerebrovascular fever, which caused cerebrovascular, is judged to have a proximate causal relation with the deceased’s chronic excessive work.”

(2) Each "this court" shall be construed as "court of the first instance", for the purposes of Parts 9, 15, and 16.

(3) On the 9th 16th 16th 1st 16th 16th 2th 9th 9th 9th 18th 12th 12th 15th 12th 15th 2th 2th 2006. The term "occupational accident" refers to an occupational disease caused by the worker's occupational injury while performing his/her duties, and there is a proximate causal relationship between his/her occupational disease and the disease. In this case, the causal relationship between his/her occupational disease and the worker's occupational disease should be proved by his/her assertion. However, even if the main cause of the disease lies in the main cause of the disease, if the occupationalro or stress even though not directly related to the performance of his/her duties, overlaps with the main cause of the disease, it shall be deemed that there is a causal relationship between his/her occupational disease and the disease, and considering all circumstances, it shall be determined whether there is a proximate causal relationship between his/her occupational disease and the disease in question, and it shall be determined whether there is a normal 2906th 3th 3th 2 or more of the disease.

2) We examine the instant case. Taking full account of the following circumstances revealed by the facts of recognition as above, it is reasonable to view that the deceased died due to the outbreak of cerebral cerebral cerebral ties or at least the deceased’s preexisting disease cerebral cerebral cerebral ties, which resulted in a sudden aggravation of the natural progress due to occupational overwork and stress.

① At the time of the deceased’s death, the deceased’s age is below 29 years, and in relation to the marry cerebral chrony, a direct death of the deceased, the deceased’s brate chronysis (the mathy that, upon the removal of the blood wall, causes blood transfusion or causes cerebral color), the body structure, immunity or high pressure, urology, which is an element of general blood-related harm, was not found all of the deceased, and the plaintiff was merely judged “ normal harb management.”

② The head of office F, who worked together with the Deceased and two members, had been prepared for the architect examination from January 2012 to around 3, 2012. As a result, the Deceased was unable to work on Saturdays due to an increase in work capacity, he/she was working on June 3, 2012, and on July 2012, he/she continued to work on the remaining working day without work hours from August 2012 to September 6, 2012 (on September 2012: 12 weeks before the outbreak, average 56.9 hours per week, average 59.3 hours per week before the outbreak, average 61.5 hours per week, 1: 61: 61.5 hours per week before the outbreak, and 67:4 hours per week before the outbreak, and he/she appeared to have worked on the Deceased’s design to assist the Deceased in his/her work without work hours. As such, the Deceased’s preparation to work during work hours would have become accurate.

③ In particular, under the direction of the president on the day immediately preceding the disaster day of this case, the Deceased’s promise was cancelled, and a plan was prepared to allow multi-household houses to be constructed on the premise of changing the use of land, which is a factory site, from 22:00 the following day to 22:00 a.m., and the Deceased appears to have been under considerable way and mental stress.

④ Specific criteria for recognition of occupational diseases in Article 34(3) and attached Table 3 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act are shown to be exemplary cases that constitute occupational diseases, and it cannot be viewed as a provision excluding all occupational diseases in addition to those set out in such criteria (see Supreme Court Decision 2012Du24214, Jun. 12, 2014). The result of the first instance court’s entrustment of appraisal of medical records by the deceased at the court of first instance is as follows: (a) matters necessary to determine whether to recognize occupational diseases such as cerebrovascular disease or heart disease, and pels disease (Notice of the Ministry of Employment and Labor No. 2013-32, the Ministry of Employment and Labor announced) are deemed to have no proximate causal relation between the deceased’s brain death and the deceased’s work hours on the basis of which the results of such appraisal could not be reflected in the calculation of absolute causal relation between the deceased’s work hours before and after the first instance court’s determination of the results of such appraisal.

⑤ In addition, the medical record appraisal should first determine whether the brain ties, which caused the cerebral eption to the deceased, could not be seen as being in a congenital and congenital, but if the cerebral ties had been in a state of cerebral ties, then the cerebral dystrophism could occur, and whether the cerebral dystrophism was in a state of cerebral dystrophism. As seen earlier, it is reasonable to view that even if there was an existing disease that caused the cerebral dystrophism to the deceased, even if there was an occupational dystrophical and qualitative increase, such an existing disease caused by such occupational dystrophal dystrophism and stress has rapidly aggravated beyond the natural progress.

3) Therefore, the instant disposition is unlawful.

2. Conclusion

If so, the plaintiff's claim is justified, and the judgment of the court of first instance is unfair with different conclusions, so it is revoked, and it is so decided as per Disposition with the decision to accept the plaintiff's claim.

The presiding judge, chief judge and assistant judge

Judges Dokman

Judges Kim Yong-han