1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. The reasons for this part of the disposition are as stated in the reasoning of the judgment of the court of first instance. As such, the reasons for this part are as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the injury and disease in this case occurred by performing telephone counseling and PC services on a long-term basis with a burden on the part of the Plaintiff for 23 years, so proximate causal relation between the Plaintiff’s work and the injury and disease in this case is acknowledged.

Therefore, the instant disposition is unlawful on a different premise.

B. Determination 1) Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act refers to an occupational accident caused by the worker’s occupational accident while performing his/her duties. As such, there is a proximate causal relation between the worker’s occupational accident and the accident. In this case, the causal relation between the employee’s occupational accident ought to be proved by the assertion of such causal relation. Although proximate causal relation is not necessarily required to be proved by direct evidence in medical or natural science, it should be proved to the extent that the proximate causal relation between the occupational accident is likely to be inferred due to indirect facts, such as the health condition at the time of employment, the existence of an existing disease, the nature of the work engaged in, and the working environment (see, e.g., Supreme Court Decision 2014Du12185, Aug. 30, 2016). However, considering the following circumstances, the causal relation between the occupational accident and the occupational accident should not be determined by considering the results of appraisal of the medical record at the time of the first instance court’s entrustment of the occupational disease or the whole purport of pleading.

Therefore, the instant disposition is lawful.