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(영문) 서울행정법원 2021.7.16. 선고 2019구합84796 판결
유족급여및장의비부지급처분취소
Cases

2019Guhap84796 The revocation of revocation of the payment of survivors' benefits and funeral expenses.

Plaintiff

*

Defendant

*

Conclusion of Pleadings

June 11, 2021

Imposition of Judgment

July 16, 2021

Text

1. On January 14, 2019, the Defendant’s disposition of bereaved family benefits and funeral expense against the Plaintiff shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Purport of claim

The same shall apply to the order.

Reasons

1. Details of the disposition;

A. On June 25, 2001, the Plaintiff’s spouse net C (*.I.D.) entered a company D (hereinafter “instant company”) and carried out consultation on various labor-management relations, including collective bargaining, as the chairperson, who was the representative of D Trade Union from January 2014 (hereinafter “instant trade union”).

B. Around 07:00 on March 18, 2017, the Deceased complained of scarcitys that it was difficult to cover his/her own scarcity while attending a church axis meeting and conducting a axis, and was transferred to a nearby hospital by 119 rescue units. The Deceased died on March 21, 2017, during treatment, at a long-term period of time. The deceased’s death on the deceased’s medical certificate of death was stated as follows (hereinafter referred to as “the instant wound”).

A person shall be appointed.

C. On July 2, 2018, the Plaintiff asserted that the death of the deceased was an occupational accident and applied for the payment of bereaved family benefits and funeral expenses to the Defendant. On January 14, 2019, the Defendant rendered a decision on site pay (hereinafter “instant disposition”) on the Plaintiff’s application on the ground that it is difficult to recognize that the deceased’s work time and work amount, specific work details, short-term and maternity task details, work status, etc. were to be comprehensively examined based on the relevant statutes, disaster investigation, and the review result of the Seoul Committee on Determination of Occupational Disease.

D. The Plaintiff dissatisfied with the instant disposition and filed a request for examination with the Defendant, but the Defendant dismissed the Plaintiff’s request for examination on July 30, 2019.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including additional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Summary of the plaintiff's assertion

1) As a result of the restructuring of the instant company that began around June 2016, the Deceased continued to negotiate with the instant company in relation to the voluntary retirement to reduce human resources, the adoption of the former and the wage peak system, etc. However, as planned by the instant company, voluntary retirement was conducted on December 2016. The instant company pressured the Deceased by mentioning to the purport that, around March 10, 2017, he would make it possible for the Deceased to make an expected choice for impeachment of the Deceased. Although the negotiations between the instant company and the instant trade union were resumed on March 16, 2017, the instant company sent an official notice demanding the reduction of the office of the Trade Union at around that time to the instant company’s relocation. As such, the Deceased, a representative of the instant trade union, was able to respond to considerable stress in the process of the instant company’s labor union’s restructuring as an elderly employee, and thus, was exposed to considerable stress.

2) Even with the above stress of the deceased, the injury in the instant case is adequate for the occurrence of the injury. However, even if the time and volume of the deceased’s work were considered to be chronicly overwork, it can be deemed that the deceased’s overwork caused the injury in the instant case.

3) Furthermore, the instant injury is not caused by the deceased’s existing heart disease, but by the occupational factor overlaps with the existing disease, or a proximate causal relation is recognized as being found as having occurred due to rapid aggravation of the existing disease that could have a normal life due to the natural progress beyond the natural environment.

(b) Fact of recognition;

1) The deceased’s work form and work

A) On December 23, 2013, the Deceased was elected as the 16th chairman of the instant trade union.

From January 2014, the deceased worked as the chairperson. The deceased was reappointed on March 10, 2016, and served as the 17th chairman of the instant trade union.

B) As a full-time officer under Article 17 of the collective agreement, the Deceased was exempt from working hours pursuant to Article 18 of the collective agreement, and was not subject to management by the instant company, and worked in the Trade Union’s office.

2) Commencement of restructuring of the instant company

A) On May 30, 2016, the representative director H of the instant company opened a multilateral conference in 30 weeks of incorporation of the instant company and changed the profit structure from the revenue structure in which I received commission fees from the instant company to the business structure in which I paid a certain amount of money for the exhibition, and then would make profits from its own marketing. By the end of October 2016, H stated that it was the direction for restructuring elderly human resources and for selecting new and professional career workers at the end of each year.

B) On June 1, 2016, the representative director of the instant company announced in the company the content that the employee who wishes to make the voluntary retirement, referring to the existing provision on the voluntary retirement, is going to apply for the voluntary retirement, since it is necessary to improve the dynamic structure of human resources for the growth of the future.

C) On June 20, 2016, the instant company notified the instant trade union of the intention to receive an application for voluntary retirement for employees who had served in the instant trade union for at least ten years as of the date of retirement, and notified the employees of the said content through intra-company groupware.

D) On June 22, 2016, the instant trade union determined that the instant company’s act of unilaterally receiving an application for voluntary voluntary retirement was in violation of Article 10 of the collective agreement providing for prior consultation with the instant trade union upon special and voluntary retirement, and decided to file the said act with the Ministry of Employment and Labor.

E) On October 4, 2016, the representative director of the instant company held an explanatory meeting for executive officers and employees to encourage voluntary retirement, and held an explanatory meeting for the three-year period during which the company’s environment was changed, and thus, the company’s retirement should not be adjusted for the three-year period. However, the company’s environment was changed, and thus, the company’s maximum amount of the annual salary to be paid to the company thickness 40 minutes. If it is considered that there is no way to do so, the company’s voluntary retirement will be selected. Despite the internal form from the date, the head of the headquarters would have to take full account of the plan to hold a visual and interview with the company.

3) The resolution on the assembly of the instant trade union and the progress of practical negotiations

가) 이 사건 노동조합은 2016. 10. 10. 총회를 개최하여 '구조조정 철회 및 이 사건 회사 경영진 사퇴촉구’ 투쟁을 할 것을 결의하였다. 이 사건 노동조합을 비롯한 I자회사의 노동조합은 J와 연대하여 매주 수요일 집중연대집회를 하기로 결정하였다. 이에 따라 이 사건 노동조합은 2016. 10. 19. 이 사건 노동조합이 결성된 이래 첫 집회를 열었다. 이 사건 노동조합은 “I가 방만경영 지적을 회피하기 위해 자회사인 이 사건 회사의 구조조정을 발표하고, 올 10월 중 자산관리 업무를 이행할 'N'이라는 회사를 내세워 I의 낙하산 자리 마련을 위한 꼼수를 벌이고 있으며, 이로 인한 피해는 I 직원이 아닌 이 사건 회사의 인력이다"는 취지의 입장을 표명하였다(갑 제17호증의 3). 망인은 이 사건 노동조합의 대표자로서 조합원들에게 이메일을 보내 집회 일정을 공지하고, 참석을 독려하였다. 망인은 1차 집회에 비하여 2차 집회의 참석 인원이 줄어들자, 조합원들에게 '본부장 및 팀장들이 조직적으로 집회 참여를 방해하고 있지만 그럼에도 불구하고 집회에 참석해 줄 것'을 요청하였다.

B) On October 21, 2016, the instant company sent an official door to the instant trade union. On December 31, 2016, the Korea General Trade Center management and operation agency contract concluded between I and the instant company was terminated on December 31, 2016, and N will be newly established as an asset management company in exclusive charge of I’s beneficiary accounting and facility management. As the business affairs of the instant company are anticipated to have been transferred to the instant newly incorporated company, surplus personnel will be anticipated to occur in the instant company. As such, the instant company requested cooperation to transfer the manpower of the instant department related to the instant company to the said newly incorporated company.

C) On October 18, 2016, the instant trade union requested the instant company to commence negotiations as an agenda item, such as improvement of the new personnel system (evaluation, organization, and wage system), improvement of the terms and conditions of voluntary retirement, introduction of wage peak system, and wage negotiations. Upon such request, the instant trade union and the instant company conducted practical negotiations over two occasions on October 27, 2016 and November 3, 2016. On November 8, 2016, the instant trade union, on the ground that the instant trade union did not faithfully negotiate with the exception of the items introduced by the wage peak system in practical negotiations over two times, on the ground that the instant trade union was not proceeding on the ground that it did not faithfully negotiate with the third working negotiations scheduled to be held on November 10, 2019, but it was scheduled to negotiate with the Labor Relations Commission, a superior organization, in the absence of good faith.

D) On the other hand, on December 2016, 2016, 21 of the instant company’s employees were transferred to a related company, 11 voluntary retirement was made by 11, and 3 members were issued.

E) The instant trade union and the instant company conducted negotiations six times from October 10, 2016 to January 2017. On February 3, 2017, the instant trade union notified that the instant company unilaterally notified the suspension of the labor union’s office reduction and welfare subsidy for the labor union members to delegate its authority to superior organizations for the reason that it does not proceed with sincere negotiations despite such practical negotiations. By the end of February 10, 2017, the instant company’s key issues, such as the restructuring of the instant company, the full-time employee, and voluntary retirement, were terminated, and the instant company’s opinion on the introduction of the wage class and wage peak in 2017, which is close to the labor union’s opinion on the introduction of the labor union, and the instant trade union’s issue was for the purpose of using the bargaining space prior to the labor union and for the purpose of facilitating smooth negotiations, as well as for the overall revision of the labor union’s provision of labor force and labor pressure in 2017.

F) On February 27, 2017, as the instant trade union announced on January 9, 2019 to the instant trade union, the instant company requested to leave the existing Trade Union office within the aforementioned period and to transfer the labor union office to the new labor union office as the lease contract for the existing labor union office expires on February 28, 2017. As the instant trade union occupied the existing labor union without leaving the existing labor union office, it urged the instant company to move to the new labor union office on March 15, 2017.

G) The instant company and the instant trade union were proceeding with delegation negotiations over two occasions on March 2, 2017 and March 16, 2017.

4) Formation of public opinion on criticism against the deceased

A) On February 13, 2017, R sent e-mail to the effect that the instant trade union’s act of unfair labor and the demand for the suspension of union pressure by designating the team leader and the member of the team leader of the instant company as the recipient of the instant company’s suspension on February 13, 2017, the head of the headquarters of the instant company promoted a consumable conflict by sending an official letter demanding “a superior organization delegation of union bargaining,” “unfair labor practices, and demand for the suspension of union pressure.”

B) On February 20, 2017, the 14 team leader of the instant company participated as promoters, and the 14 team leader and the 20th team leader of the instant company were the recipient, and the executive officers other than the president were sent a statement of the following contents (Evidence A26 No. 1).

(b)However, if we observe a series of recent circumstances, it appears that a specific person makes it public by a single judgment, and ultimately increases the fear of employment of employees and the confidence in the company by spreading distorted information. In addition, we can see that it is necessary for our company to take advantage of 'the intention of 'the administration of 'the 'the 'the 'the 'the 'the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the ' the 's external power, the ' the ' the ' the ' the ' the '''''''' the '' the ' the ' the ' the ' the ' the '''' the ' the ' the ' the '' the ' the '....................................

I. Although the company suggested sufficient explanation and alternatives to the many issues raised by the labor union chairperson, such as difficulties in the corporate management environment, the purport of the restructuring, and future vision, the labor union chairperson constantly develops an attempt to encourage conflicts between management and our employees by spreading false facts to employees and creating a vague anxiety.Third, the labor union chairperson demands the truth and sexual behavior of the labor union chairperson. The chairperson of the labor union is not a place to achieve a specific individual's private purpose, but rather represented for the majority of the labor union members. If the management will be disadvantaged due to vague faith and fear of fear, he is aware of himself. Our management and the labor union members of the company will not be able to believe that they are not able to be in good morals or trust. If we consider our true organization and fees, I demand a resolution of true behavior and action containers.

C) On February 20, 2017, the Deceased sought confirmation of whether the 14 team leader sent the above names to the e-mail as indicated in the above sub-paragraph (b) of the same paragraph, and replyed to what kind of publicity the instant trade union spreads any false facts, and what is the deceased’s e-mail.

D) On February 28, 2017, the 14 team leader of the instant company sent a reply to the e-mail of the Deceased with the following content:

4. During the reorganization process for the last year, the Trade Union of this case consulted about what kind of employee(including retirement employee) the company will serve for the company and employees of this case. It is not limited to the opposite opinion to the company presented by the company, but it is necessary to make compensation corresponding to it if it has to sacrificeed for the company. It is true that the decision of this case was resolved by the executive branch and the board of representatives, but it is not a personal decision but a resolution by the executive branch and the board of representatives. Our promoters are employees who love and inform about the company of this case as well as the chairman of the Trade Union, and have been Cheongk for the company of this case. Our name has been given to the key role of the Trade Union of this case including the chairman of the Trade Union of this case, and our name has been given to the people who will be in charge of the core of the Trade Union of this case. It does not seem that our labor-management relations have been closed for 4 years after it appears that there is no reason for our labor-management relations.

v.

E) On March 10, 2017, the head of the headquarters or team of the instant company had an individual interview with the employees belonging to the instant company, and expressed that he/she signed a letter of impeachment on the deceased who will be circulated.

The Deceased identified the foregoing circumstances, claimed that it was an unfair labor practice, and raised a petition to the Seoul Regional Employment and Labor Agency. On March 10, 2017, the staff of the Seoul Regional Employment and Labor Agency interviewed with the U of the personnel team leader of the instant company from 10:00 to 10:40 on March 10, 2017, and “If there is a rumor that the instant company’s demand for the resignation of the Deceased, it would be difficult to see that there would be much room for the instant company to engage in unfair labor practice, and that U would not take measures to ensure that the president is not circulated.” The staff of the Seoul Regional Employment and Labor Agency asked for the impeachment or resignation of the Deceased.

F) On March 14, 2017, the secretary general V of the instant trade union deemed that the case of the labor union office was abandoned to the Deceased on March 14, 2017. If so, the secretary general of the secretariat would be placed. If so, the vice-chairperson and the director X of the organization also provided that the issue of the relocation of the deceased and the labor union office was in conflict.

5) The deceased’s normal health condition and health care.

A) On Aug. 19, 2007, the Deceased was diagnosed with a non-ex post facto cardiopulmonary disease (explosion of core equipment), and received a de facto and ex post facto examination on Oct. 9, 2007. The Deceased was treated as a non-sloakic disease on Oct. 16, 2007, and the doctor in charge was recommended to “the Deceased was treated as a non-sloakic disease,” and the Deceased was treated as a non-sloakic disease on Feb. 22, 208, and received other non-sloakic disease as a detailed cardiopulmonary disease on Aug. 19, 2009. After that, there was no medical care benefits for the Deceased’s health insurance that had been treated as a cardiopulmonary disease on Oct. 16, 2007.

B) On May 7, 2008, August 19, 2009, and August 23, 2011, the Deceased was diagnosed as having a non-specific ST wave or higher opinion accompanied by the core vision at the examination conducted on August 23, 201. On August 19, 2009, the results of the health examination conducted on August 10, 201, the Deceased was diagnosed as having been in need of continuous medical treatment as the core room at the examination conducted on August 10, 201. In addition, the Deceased was diagnosed as having been in the examination conducted on June 26, 2013, that “the result of the health examination conducted on June 26, 2013,” and that “the result of the examination conducted on June 26, 2013.”

C) In addition, after receiving the diagnosis of the detailed blood transfusion from the hospital affiliated with ○○ University on August 28, 2007, the Deceased received the opinion of blood transfusion in the health examination in 208, 2009, 201, 2011, 2013, 2014, and 2014. In addition, in the health examination in 2008, 2009, 2010, 2010, 2011, and 2015, the Deceased was given the opinion that there was a higher indH or CK’s value related to the heart disease.

D) Meanwhile, the Deceased continued to have a axis at a university’s line and post-ship axis group, a group in the company, and a group in the church axis group. From around 2014, the Deceased had a axis at a church axis group for 2 hours at every Saturday.

E) The Deceased was determined as dangerous drinking with the reply that he drinks for an average of 3 days per week from the literature of the health examination conducted in 2015 and drinks for an ordinary day at the time of drinking alcohol. The Deceased did not smoke.

6) Progress the date of death and the measures taken by the company of this case after the Deceased

A) On March 18, 2017, the Deceased, while playing a axis at the club of a 07:00 church, sent a 119 emergency squad. On March 18, 2017, the 119 emergency squad received a report call from 07:13 on March 18, 2017, and contacted with the Deceased. The Deceased showed a heart mar (V-Tach) opinion during the Do where he was getting on and off the ambulances, and was transferred to AA University AB Hospital in a state where he was fluent with food and drinking. The AA University Hospital inserted the Ecromosome, and performed the marcing surgery, and diagnosed the marcing marcing surgery with a serious symptoms caused by the marcing of the marc.

The Deceased died due to the lack of core function in the treatment of middle-patients including low temperature treatment performed after the death.

B) On March 23, 2017, the Deceased Company entered into an agreement with the Plaintiff on the following: (a) on the part of March 23, 2017, the Plaintiff posted a letter of apology directly signed by the representative director to be seen by all employees; and (b) on the part of the head of the team who announced the letter of name before the Deceased’s death, a letter of apology recognizing that the deceased’s honor is damaged by the name of all the team members who announced it. Of the contents of the letter of apology directly signed by the representative director of the instant Company is as follows

The company of this case and the trade union of this case agreed with each other in the process of trying to develop win-win, but conflict and conflict. During this process, I did not intend to have been intentional, and tried to commit a crime. In particular, I came to know the fact that the name of the team leader recently announced was caused by human urgency, and that this situation was not prevented as a representative director, I think that it was also a mistake. Among the contents of the name, I think that the part such as the "indication of old-age", the "indication of old-age", the "indication of two packaging," which is the administration of the justice, was only distorted with the chairman's good faith by the wrong emotional expression of the team leader. I want to thoroughly seek to restore the deceased's reputation to the team leader and to relieve him of this situation.

(vii) medical opinions;

A) According to the result of the court’s entrustment of appraisal of the medical record for the head of the AE University Hospital, the AF of the occupational and environmental department at the above hospital (hereinafter “AF of the court’s appraisal”) made an appraisal to the effect that the deceased was in charge of dealing with labor-management disputes, and that mental tension was caused by public criticism against the deceased, but it is difficult to recognize the work-related relationship without examining the work hours. The specific content is as follows.

○○ Emphical stress is a clinical (or sick) situation that results from damage to the heart of the deceased, who supplies cardiopulmonary fluorial fluorial fluorial fluorites. The psychological stress factors known as risk factors of cardiopulmonary fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluoric fluor.

It is an important index for the increase of risk of sexual heart diseases (cirrosis, cardiopulmonary disease, etc.). Accordingly, it is necessary to manage risk factors that can be treated such as epidemacy, high blood pressure, and urology.On November 13, 2007, the deceased's opinion that 'ex-post tracking observation' in the AD Hospital's medical records outside AD hospital and that 'ex-post facto tracking observation' can be confirmed through the comprehensive examination conducted between 2008 and 2013. As such, the deceased has the family ability of non-obscular heart disease, early Hemical heart disease, and there is confirmation of the intention of notification, but it is not possible to verify the diagnosis and management of the heart and the medication in the heart.

B) According to the result of the request for the appraisal of medical records for the head of AH hospital affiliated with the AG University, the death of the deceased at the heart department affiliated with the above hospital (hereinafter referred to as the “AI in the appraisal of the court”) is deemed to have high degree of contribution to the existing disease rather than occupational stress, and it is judged that there was a high possibility that the deceased might have suffered acute emerculation in the natural progress at any time. The specific details are as follows.

○○ Mental Equipment Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man]

C. Determination

1) The occupational accident under Article 5 subparag. 1 of the former Industrial Accident Compensation Insurance Act (amended by Act No. 14933, Oct. 24, 2017) refers to an occupational disease caused by the worker’s occupational injury during his/her performance of his/her duties. Thus, there should be a causal relationship between the disease caused by his/her occupational injury and death. However, even if there is no direct relationship between the main cause of the disease and the disease, if the occupational injury or stress overlaps with the main cause of the disease, at least the occupational injury or stress, and caused the disease, it should be deemed that there is a causal relationship between the disease and the occupational disease. Such causal relationship does not necessarily have to be proved clearly in medical and natural science, and if it is presumed that there is a proximate causal relationship between the disease and the occupational injury in light of various circumstances, it should also be determined by the existing Supreme Court Decision 200Du3784, Apr. 29, 200, 207.

2) In full view of the following facts and circumstances, the facts acknowledged prior to the death, evidence No. 14-1 and evidence No. 36-2, evidence No. 39-43, evidence No. 47-1, evidence No. 47-1, and evidence and the overall purport of the testimony and oral argument by the witness AJ, even though the work hours of the deceased are not clearly determined, in light of the situation where the deceased was the chairperson of the Trade Union and Labor Relations Commission who was at the beginning of the restructuring of the company of this case in 2016 and critical public opinion of criticism against the deceased who was raised one month prior to the death, the deceased is presumed to have been in serious stress situation at the time of death. Such occupational stress led to the death of the deceased, and the death of the disease of this case caused the death of the injury.

A) First of all, the deceased’s working hours were regarded as working hours. Since the deceased did not undergo overtime work as a full-time worker, there is no record of his commuting. The Plaintiff appears to have worked in the workplace using public transportation, such as Pyeongtaek subway and bus. However, as to the order to submit financial transaction information of this court, AL, AM, AN, Inc., from December 26, 2016 to March 17, 2017 (Provided, That AO’s inquiry meeting does not include the use of the deceased’s ownership card and transportation card until March 17, 2017. In addition, it is difficult for the Plaintiff to check that the record of the use of the transportation card was used in the vicinity of his work site and that some of the above use was used in the Plaintiff’s work site. Moreover, in light of the content of the AO’s inquiry, it is difficult to conclude that the Plaintiff’s order to submit financial transaction information was used as a witness of the deceased’s work site or its extension of work hours.

B) Next, we examine the deceased’s occupational stress. In light of the facts acknowledged earlier and the following circumstances recognized by the evidence, it appears that the deceased’s occupational stress as the chairperson of the instant trade union at the time of death was very serious in terms of social norms.

(1) It was evaluated that the instant trade union had been comprehensively and mutually cooperative in the past for a long time (No. 36-2). However, around June 2016, around 10 months prior to the occurrence of the instant injury and disease, the instant trade union started to establish a conflict of labor and management relations when the instant company commences restructuring. The deceased, who is the president of the instant trade union, as the president of the instant trade union, may not be deemed to have been aware of the conflict arising from the restructuring after June 2016.

(2) Notwithstanding the opposing position of the instant trade union, the instant trade union planned measures such as voluntary retirement and transfer. From October 2016, the instant trade union was jointly and severally with the trade union of J or I, a superior organization, and concluded the instant company’s restructuring, etc. promoted by I’s decision. While the deceased urged members to participate in the assembly by e-mail, it seems that there was a low number of members participating in the assembly.

(3) 21 of the employees of the instant company from among the employees of the instant company around December 2016 is related.

Since the commencement of the restructuring, the trade union in this case tried to block the restructuring through labor-management negotiations and assemblies, but in light of the above results, it seems that the outcome of the reorganization could not be achieved.

The Plaintiff stated that, during the aforesaid period of time, the vessel that the deceased worked and believed for a long time was selected to eventually unsatisfy, and that the facility team was divided into N, and that the employee was suffering from satisfying pain on the (defying) of the material that the deceased left (defy) (Article 14-1 of the Evidence A). On December 27, 2016, the Deceased was the chairman of the Labor Relations Commission as the chairman of the Labor Relations Commission. It was easy for the Deceased to do so, and (a) it was easy for him to publish a letter stating that “I would easily have the ability of the deceased).”

(4) Before October 27, 2016, the instant trade union dealt with the details related to wages in the labor-management negotiations mainly, but thereafter, the labor-management negotiations dealt with the issues such as restructuring, voluntary retirement, performance-based payment rate, and wage peak system. After January 2017, there was an urgent conflict as to the reduction of the office of the instant trade union. Since there is no room for a resolution on the instant trade union’s working-level negotiations over six times from October 27, 2016 to January 24, 2017, the instant trade union decided to delegate its right to negotiate to J, a superior labor-management. In light of these circumstances, it can be deemed that the work performed by the deceased ought to coordinate the incidental interests in the labor-management relations, and thus, mental tension was required.

(5) As above, when the instant trade union delegates the right to negotiate to a superior organization, the instant company declared the suspension of negotiations on the ground of an inquiry with the Ministry of Employment and Labor and caused labor-management negotiations. Under such circumstances, the team leader of the instant company announced a statement to the effect that the deceased is taking part in his personal desire. The instant case occurred within the month during which the injury or disease occurred, and the deceased expressed the above name report to the Plaintiff and discussed trings. The Plaintiff stated that the deceased was difficult from February 2, 2017 to the end of the death, which was after the date of the dispatch of the above name, and that he was unable to do so. On March 3, 2017, the deceased stated that “I will am Doo Kakaooo Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao Mao 343(3).

(6) On March 10, 2016, a week prior to the occurrence of the instant injury, the president was expected to return to the president of the instant trade union on March 10, 2016. While the Deceased was aware of such fact in advance and responded to such a way as to file a petition with the Employment and Labor Agency, it would be said that the deceased’s stress on stressed stressed in ordinary work would have been caused in the event of intra-company conflicts arising from the death of the Deceased.

(7) Furthermore, on March 14, 2017, four (4) days prior to the instant injury and disease occurred, the vice-chairperson, the secretary general V, and the head of the organizational department X, who had taken care of the enforcement department of the instant trade union along with the Deceased, took a half-year period on the deceased’s route. As such, the Deceased appears to have been suffering from isolation due to the absence of social support, in the situation where the conflict with the instant company was deepened, and where the conflict with the company was deepened, the Deceased, who was working together, would not support the Defendant’s route.

(8) The 14 team leader at the university of the deceased and the AT, who is a follow-up employee of the axis of the instant company.

After the notice of his statement of name, the officers had an individual interview with the union members, and even there was an employee who gets out of the union's office. At this point, many stories were divided with the deceased at this point, and there was no longer a sense of responsibility than the inside, and there was a tool to protect the position of the chairman. However, at all times, the part that he had gained as a person in the surrounding area was considered to feel out of the outside (No. 36 evidence 2).

C) As to the causal link between the deceased’s occupational stress and the outbreak of the instant injury, the health team, the court’s appraisal, and the AI commonly deemed that the mental and physical stress was caused by severe fluorial stress. The court’s appraisal revealed that the AF included the absence or isolation of social support, and chronic stress, including occupational stress, on the factors of psychological stress known as risk factors of the cardio-cerebrovascular disease. Unlike the stress that the deceased’s occupational stress was caused by excessive trade practice, it is determined that the stress arising from labor-management conflicts, internal politics, or human relations, depending on the characteristics of his duties, and that it was highly high as it was caused at the time of the occurrence of the instant injury. Such occupational stress of the deceased is reasonable to deem that the deceased’s occupational stress naturally aggravated the bruptic disease of this case by naturally aggravated the brut disease.

D) Meanwhile, although the Deceased was urged to not make an unreasonable movement on October 16, 2007, it appears that he continued to damage the axis at the intra-company axis or the church axis meeting. Thus, even if the injury or disease in this case occurred during the axis, it does not seem that there exists no causal link between occupational stress and the injury or disease in this case even if the injury or disease in this case occurred during the axis. Furthermore, it is recognized that the Deceased did not receive medical treatment for continuous tracking observation after receiving the diagnosis of the non-major heart disease, however, according to the above legal principles, the existence of a causal relationship between work and death should be determined based on the health and physical conditions of the relevant worker. Since the injury or disease in this case occurred due to its characteristics, it cannot be concluded that even if the Deceased did not have caused any stress.

3. Conclusion

The plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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