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1. Revocation of the first instance judgment.
Defendant 9.30.9.30
Reasons
1. The part citing the judgment of the court of first instance is identical to the part of the judgment of the court of first instance (section 2, No. 2, and No. 6, and No. 18 of the judgment of the court of first instance) which cited the reasoning of the disposition, the plaintiff's assertion, relevant Acts and subordinate statutes, and the facts of recognition in this case, and thus, it shall be quoted in accordance with Article 8(2) of the
2. Determination
A. Article 91-10 of the Industrial Accident Compensation Insurance Act provides for matters to be considered when determining whether a worker who is or has been engaged in dusty work dies of pneumoconiosis, complication thereof, or other causes related to pneumoconiosis (hereinafter “ pneumoconiosis, complication thereof, etc.”), and stipulates that matters to be considered when determining whether a worker is dead due to pneumoconiosis shall be determined 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, complication, etc. of a worker when considering the type of pneumoconiosis, cardiopulmonary function, complication, gender, age, etc. of the worker, if it is presumed that there is a proximate causal relationship between pneumoconiosis
(Supreme Court Decision 2016Du55292 Decided March 30, 2017). B.
The above-mentioned facts and the fact-finding results on the president of the Korea Institute of Radiological and Medical Sciences, replys to the request for supplementation of the results of the appraisal by the president of the Asia University Hospital.