(영문) 서울행정법원 2014.7.11.선고 2013구단13573 판결

A. On January 1, 1989, the Plaintiff became a member of Hyundai Flus Co., Ltd., and from August 1998 to October 4, 201, the Plaintiff was diagnosed as follows: (a) on the escape certificate of a protruding signboard, No. 4-5, and on the 1,00 trend of chronic protruding signboards, No. 4-5, and No. 5, and No. 1,000; (b) on the part of the Incheon Flus Co., Ltd., the Plaintiff performed the part classification service at the business establishment of the Incheon Flus; and (c) on the part of the Incheon Flus Co., Ltd., the Plaintiff was diagnosed as follows: (d) the escape certificate of a protruding signboard was removed from the warehouse to the hospital with a severe pain in the process of unloading the goods from the warehouse; and (d) received medical treatment.

B. After that, while the Plaintiff returned to the site on March 13, 2012, the medical treatment of which was completed, and returned to the site and had been engaged in the same business as the relocation, the Plaintiff was diagnosed by the escape certificate No. 5-6 (hereinafter “the instant injury and disease”) on July 9, 2012, and claimed that the instant injury and disease were occupational accidents and filed an application for medical care benefits with the Defendant on August 24, 2012.

C. On February 7, 2013, the Defendant: (a) was under a low burden on the drilling due to the Plaintiff’s work; (b) there was a change of ejaculation and a neutism; and (c) determined that the instant injury and disease was a ejaculation by personal force as a result of confirmation of ejaculation No. 6-7; and (d) on the ground that there is no proximate causal relation between the instant injury and the instant injury and disease, the Defendant was under a non-approval disposition (hereinafter “instant disposition”).

D. On June 3, 2013, the Industrial Accident Compensation Insurance Review Committee rejected a request for review on the ground that "Apact is not confirmed as a special accident, and it is not confirmed as a detailed work attitude to the extent that the injury or disease of this case is likely to be caused, and there is no degree of "an expert evaluation on the degree of duty burden on the clibal," and it is confirmed as a past history that the fixed work was confirmed as 67th of the clibal, and that there is insufficient objective grounds or medical opinions to recognize a proximate causal relation with the work even after examining the doctor's opinion, the original institution, the medical opinion of the Occupational Disease Review Committee, etc."

【Unsatisfy-founded facts, Gap evidence 4-1, 2, Gap evidence 5, Gap evidence 6, Eul evidence 2-1, 2, Eul evidence 3-1, 2-1, and 2-1, and 2-1, each of the arguments, as a whole,

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The plaintiff was engaged in the automobile parts classification service for about 23 years, and the second and third floors with the parts stored without any separate equipment, and had been engaged in repeated work at least 11 hours per day in an inappropriate attitude, such as taking the 1500 or more times per day, and conducting the cryping work (to read them with bar code recognition machines). Thus, the plaintiff's physical burden work and the instant cryp relation should be recognized. However, the disposition of this case on different premise is unlawful.

(b) Relevant statutes;

The provisions of the attached Table shall be as specified in the statutes.

(1) Details, time of duty, etc.

(A) After being employed in Hyundai Motor on January 1, 1989, the Plaintiff has been engaged in the handling of large, small and medium-sized parts and expendable parts and other parts, such as printing, boarding, and other parts in the Incheon Metropolitan Office of Services from August 1, 1998 through the World Motor Product Ulsan Factory, the Seoul Office of Hyundai Automatic Motor Vehicle Services, and the Incheon Metropolitan Office of Services for Modern Automatic Motor Services, such as large, small and medium-sized parts and expendable parts, boarding and other parts, large volume red-sized parts and side boarding, large-sized parts and side boarding, uneasting, heavy water storage, small-sized parts management (and off-to-door transportation machinery), small-sized parts management (and off-to-door transportation) and shipping agents' goods.

(B) The plaintiff worked five days a week, and the working hours from 30 to 17:0 (the point of time 12: 00 to 13:00). At one time, two to three hours a week, two to three overtime work hours a week, a subordinate holiday work, and an average of 11 hours a day.

(C) On March 14, 2012, the Plaintiff adjusted the work with less physical burden as a result of the remainder of pains on the Hegian father after the treatment and rehabilitation of the additional medical care on March 14, 2012. During the three-month period prior to the date of the occurrence of the instant injury, the Plaintiff seems to have been under working hours than other workers during the said three-month period due to the lack of daily extension work and holiday work.

D. The Plaintiff performed the classification work of ordinary vehicle parts before 2008. The specific work contents are ① the work to read bar codes in the storage of the parts of the automobile, such as stuffs and engines, and ① the work to read the bar code in the storage of the parts of the parts, ② the work to move off the gate to the prescribed parts for each part loaded at least about 70m of parts, and then to transfer them by loading them. ③ The work to move the gate in the storage of the parts.

(E) From January 2008, the Plaintiff worked in the water team mainly from the date of the instant injury to the date of the outbreak. At least 1500 times, the Plaintiff performed the work of putting the second and third floors in custody and storing 5 km or less into the raw materials for storage, while performing the work of recognizing bar codes more than 1500 times, and repeated the same work for each entry and publication.

F) If the vehicle loaded with the automobile parts is transferred to a small object shop using multiple strawers who classified the goods unloaded by the fee work operator when the vehicle arrives, using the same strawer who classified the goods unloaded, the Plaintiff, at the time of the request of the automobile parts agency, contained the parts in the relevant part in the straw for storage and then contained in the straw for storage, contained in the relevant part in the straws for storage and loaded in the mobile straw for storage, and loaded the straws for storage on the floor when the Plaintiff moved the parts in the straw for storage to the mobile straw for storage after loading the parts into the mobile straw for storage and then loaded the straws on the floor. The moving of the parts is at least two hours per day.

(2) The Plaintiff’s health condition

(A) Even around November 2006, the Plaintiff had a path to undergo an operation on 4-5 'Plow signboard escape certificate' at our hospitals.

(B) From October 4, 201 to March 13, 2012, the Plaintiff re-treatmentd Nos. 4-5 with the escape symptoms of the protruding signboards. On February 9, 2012, the Plaintiff received treatment through the climatic’s salt and tensions from April 20, 2012 to May 10, 2012, as well as other drilling signboards specified from April 20, 201 to May 10, 2012, with the detailed identification of July 6, 2012, and through the clibation of pipes, etc.

(3) Medical opinions

A) Plaintiff’s explanation

- No. 5- 6 in the diameter of the escape of conical signboards

- A lake and marsh that, while working on the right side, caused by the flow to the right side, by the aftermath, by the aftermath, and by the radioactive

- The escape of conical signboards would lead to the pressure of neutism, and on July 11, 2012, the removal of conical signboards was carried out and fixed at this source.

(B) The defendant's advice 1 (Napathy department)

MRI's Gyeong MRI's Mesical changes 5- 6 times, the formation of a framework, and the confirmation of the negotiology, and CT's formation of a framework and a part of the negotiology of the negotiomy.

C) Defendant’s advice 2 (Industrial Department)

The Plaintiff is difficult to view it as an employee engaged in the business of taking out motor vehicle parts in the warehouse for motor vehicle parts as a business requiring excessive action. It is presumed that the relationship between the Plaintiff’s business and the Plaintiff’s business is relatively imminent since the duty of the worker performing the wheel and sculing in the light of the trend of light is not observed. The degree of the Plaintiff’s business burden is assessed to a certain extent that there is no burden.

(D) Results of the appraisal of medical records on the director of the senior hospital affiliated to the medical college of Korea University in this Court

- The Plaintiff was subject to the reading of any change in the erode of ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto ex post facto

- Opinions on the escape from small air ties and estimated signboards that are observed by the Plaintiff are determined to have occurred due to changes in the inverte section, and the connection between the small East East and the shoulder section is unstable.

It can be seen that excessive and abnormal movements caused the tension between human beings and neighboring land. The causal relationship between the plaintiff's work and the business of this case is not clear.

- In addition to the part 5-6 above, we can observe the view of changes in the stimulity from the screen Nos. 2-3 to 5-6 of the stimulity, even though the results of the stimulic stimulic stimulic stimulation and the simple radiation image testing.

- It seems that the operation caused by the escape from a protruding signboard No. 4-5 seems not to have an impact on the side of the conical state, and that it would be possible to accelerate the change of the progress of the ex post facto change due to the implementation of the voltage of the ex post facto transit and the shocking method No. 6-7.

- According to the opinion of a medical specialist in the industrial field of the disaster investigation report, it is difficult to regard the plaintiff's work as the work requiring excessive action on the part of the plaintiff's scam and the scambling of the scam. However, according to the work motion picture submitted by the plaintiff, it seems that the burden of the scambling is low. However, according to the work motion picture submitted by the plaintiff, the plaintiff's work burden on the part of the scambling is relatively relatively assumed.

[Ground of recognition] In the absence of dispute, Gap evidence 1, Eul evidence 2, Eul evidence 1 through 7 (numbering box) or its images, the result of the medical record appraisal and fact inquiry about the director of the medical hospital affiliated with the medical college of Korea University, and the purport of the whole pleadings.

D. Determination

(1) Under the Industrial Accident Compensation Insurance Act, the term "occupational accident" means the injury that an employee suffers due to the performance of his/her duties and there is a causal relationship between his/her occupational accident and the disaster. However, even if the existing disease is not directly related to his/her duties, if it becomes worse or becomes worse due to the death, etc. that occurred in connection with his/her duties, it shall be deemed that there exists a causal relationship between his/her occupational accident and if the aggravated part is not even before the aggravation, and the symptoms are fixed without being restored to the state before his/her aggravation, it shall be treated as an occupational accident free of charge until the symptoms are fixed, and the causal relationship shall be proved by his/her assertion, but it shall not be clearly proved by medical and natural science, and it shall be proved that there is a proximate causal relationship between his/her occupational accident and the disease, considering all the circumstances such as the health condition at the time of his/her employment, the developments of the outbreak, the details of the disease, and the progress of treatment (see, e.g., Supreme Court Decisions 200Du6090.

(2) According to the following circumstances acknowledged by the aforementioned facts and evidence, the Plaintiff was engaged in the duty of classification of automobile parts for about 23 years after entering Hyundai Franchi Co., Ltd., for which the first time before 208, while dealing with goods with the weight of 20 km or more from the large team before 2005, the Plaintiff carried out the work of inputting Franchising and moving using the large bar before 2005. After 208, it was difficult to see that the Plaintiff had been engaged in the same work as the above, which is hard to say that it had been conducted on the part of the small team after 20 years after 208, because it was difficult to say that there was a significant causal relation between the above fact and the above fact that the Plaintiff had been engaged in the work, such as the fact that there was no possibility that the Plaintiff had been engaged in the same work for 1 year after 23 years after 20 years after 20 years after 3 years after 20 days after 20 days after 20 days after .

3. Conclusion

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

Judges

Judges Suspension of Service

Note tin

1) The distribution equipment was introduced from December 2005 and used as the distribution equipment that had arisen as it was fork to board and load goods to a high place;

Before that, the general handcil was used.

Site of separate sheet

Relevant statutes

BUUD ACT

Article 5 (Definition)

The terms used in this Act shall be defined as follows:

1. The term "occupational accident" means an injury, disease, disability or death of a worker caused by an occupational reason;

[.]

Article 37 (Standards for Recognition of Occupational Accidents)

(1) An injury, disease, or disability that occurs to a worker due to any of the following reasons:

If death is caused by an occupational accident: Provided, That there is a proximate causal relation between the duties and the accident (the relationship between the accident and the accident).

subsection (1) of this section.

[.]

2. Occupational disease:

(a) Physical persons, chemical substances, dust dust, pathogens, or any burden on their body in the course of performing their duties;

Handling or exposing factors which may cause harm to the health of workers, such as duties, etc.;

A disease

(b) A disease caused by an occupational injury;

[.]

▣ 구 산업재해보상보험법 시행령 ( 2013 . 6 . 28 . 대통령령 제246541호로 개정되기 전의 것 )

Article 34 (Standards for Recognition of Occupational Diseases)

(1) Occupational diseases under Article 44 (1) of the Enforcement Decree of the Labor Standards Act and attached Table 5 of the Enforcement Decree of the same Act for workers.

Where a disease occurs within the scope and the following requirements are met, Article 37 (1) 2 of the Act:

A shall be deemed an occupational disease defined in subparagraph (a).

1. Rabs caused by the worker's handling of, or exposure to, harmful or hazardous elements while performing his/her duties;

must have sufficient capacity.

2. Hours of work for which the person handles or is exposed to harmful or hazardous elements, and those engaged in such work;

The disease of workers may be caused in light of the inter-regional and work environment, etc. 1

3. The reason why the worker's exposure to or handling of harmful or hazardous elements is the cause of such exposure or handling.

It should be medically recognized that the disease has occurred.

(2) If a disease developed by an employee injured on duty meets all the following requirements, the Act shall be applicable:

37 (1) 2 (b) shall be deemed an occupational disease.

1. The causal relationship between the occupational injury and the disease shall be medically recognized;

2. The underlying disease or existing disease shall not be a naturally occurring symptoms.

[.]

(4) When the Service determines whether to recognize workers' occupational disease or death caused by an occupational disease, it shall do so.

The gender, age, health level, physical constitution, etc. of the worker shall be taken into consideration.

[Attachment 3]

Specific criteria for recognition of occupational diseases (related to Article 34 (3))

2. A disease caused by the mouth;

(a) Period, time, quantity and intensity of duties, attitude and speed of duties, and performance of duties;

Affairs that impose a burden on the structural structure, etc. of a place (hereinafter referred to as "physical burden affairs")

The sale, bridge, or bridge of a worker who has been engaged in any of the following affairs; or

Where a duosstrokes disease in the part of the lusium occurs or worsens, the disease shall be deemed an occupational disease.

except that if a cause not related to the duties has occurred due to another cause, the disease shall be deemed an occupational disease.

subsection (1).

1) Business that has a lot of repeated actions;

(ii)an affair that requires unreasonable power;

3) to maintain inappropriate attitudes;

(iv) vibration operations;

5) Other tasks under a condition that they become a burden on a particular body.

shall be deemed to have been established.

(c) Alley system due to temporary sudden force effects that occur in the course of performing the duty of physical burden;

If a disease occurs, it shall be considered as an occupational disease.

(d) The scope of framed diseases by parts of the body, the standards for duties of sharing the body, and other framed diseases;

Matters necessary for determining whether an occupational disease is recognized shall be publicly notified separately by the Minister of Employment and Labor.

of this section.

▣ 뇌혈관질환 또는 심장질환 및 근골격계질환의 업무상 질병 인정 여부 결정에 필요한

Matters (amended by Ministry of Labor No. 2009 - 38, September 25, 2009)

2. A disease caused by a nearby alley;

(a) Definition and scope of the alley-related disease;

1) Neither alley-type disease is a job that imposes a burden on a particular body part, and is related to that job;

Cumulative damage shall be accumulated in human, power lines, conical signboards, dulls, bones, or in relation thereto, or insular and matrinea;

It means acute or chronic diseases that cause pain or degradation in functions.

2) Alleys diseases are classified into arms (the upper prosthetic devices), legs (the upper prosthetic devices), and bridges (the upper prosthetic devices).

(A) The part of the arms (the foregoing prosthetic devices) " shall be the parts of the arms, such as the shoulder, shoulder, etc., the arms, the arms, the arms, the elbows, the hand, the hand, the hand and the fingers.

Section 2. The term "representative disease" means a representative disease, within the cirthum base, the light signboard escape certificate, the revolving refrativity, and the elbow.

(other than others), there are fruit dried, dried, dried, dried, and dynasium marine, etc.

(B) “In the part of a bridge” means the parts of a bridge, knee, knenee, knee, swee, swee, swee and swee, swee and swee.

and is a representative disease, knee per half-month damage, knee per half-month damage, knee per half-time per half-time knee per part, knee per part of knee per part, and

There are salt, salphy, salphy, etc.

C) The term “hye part” refers to the organization in and around the dominant and its surrounding areas, and is a representative disease, in the crye part, the crye part, and the cye part

There are signboards escape certificates, etc.

The check, inspection opinion, diagnosis name, etc. shall be confirmed and judged.

1) Due to an accident that happens during the performance of duties to a worker who has a work ability to perform the duty.

The thalmical disease appearing shall be in accordance with the procedures for determining occupational diseases: Provided, That the external records caused by the body of the person;

the extent and the resulting physical damage (e.g., d., d., d., d., d., d., d., d., d., d., d.)

Work in case where it is medically recognized to have occurred due to an accident regardless of workers' vocational power;

The procedures for determining the commercial accident shall be followed.

2) In section 1, the term “accident during the performance of duties” means an ordinary action or other action during the performance of duties.

by reason of section 1(b) means a case in which a sudden force has occurred on the part of the officer. In this case, “patch”

In determining "where significant force has been seriously damaged, the body according to the duty of physical burden."

work-relatedness in comprehensive consideration of the effects of the work and the rapid power effects;

the Board of Governors.

D. Determination of business relevance

1) In determining the relevance to the task bearing the physical burden, the degree of the physical burden, the occupational ability, and the sporadic work

It shall be determined in comprehensive consideration of the existence of non-regular work, the period of service, the state of disease, etc.

2) 1) The degree of physical burden of 1) human engineering experts, industrial hygiene experts on the basis of the content of the disaster investigation;

It shall be assessed after hearing the opinions of relevant experts, such as medical specialists, and if necessary, together with the relevant experts.

The disaster investigation and decision shall be made.

▣ 뇌혈관 질병 또는 심장 질병 및 근골격계 질병의 업무상 질병 인정 여부 결정에 필

Matters required (established by the Ministry of Employment and Labor No. 2013 - 32 on June 28, 2013)

2. A disease caused by a nearby alley;

(a) Definition and scope of a nearby alley dives disease;

1) Neighborhood disease is a job that imposes a burden on a particular body part of the body and is related to the work;

Cumulative damage shall be accumulated in human, power lines, conical signboards, dulls, bones, or in relation thereto, or insular and matrinea;

It means acute or chronic diseases that cause pain or degradation in functions.

2) A nearby sloping disease is classified into arms (the upper prosthetic devices), legs (the upper prosthetic devices), and bridges (the upper prosthetic devices).

Section 2. The term "pact" refers to the head of the Gyeong-ro, the light signboard escape certificate for the representative disease, the revolving refrativity, and the inside of the elbow.

(other than others), there are fruit dried, dried, dried, dried, and dynasium marine, etc.

(B) “In the part of a bridge” means the parts of a bridge, knee, knenee, knee, swee, swee, swee and swee, swee and swee.

and the representative disease, knenee's per half-month damage, knee's per half-month damage, knee's per half-time per half-time knee's per half-time knee

There are salt, salphy, salphy, etc.

C) “In part” refers to the organization in and around the dominant and its surrounding areas, and to the fluoral coordinate in case of a representative disease;

There are signboards escape certificates, etc.

(b) In cases of determining a root-based disease referred to in item (a) (¥§), the symptoms for the relevant disease, and physiologic cattle.

The check, inspection opinion, diagnosis name, etc. shall be confirmed and judged.

1) Due to an accident that happens during the performance of duties to a worker who has a work ability to perform the duty.

The fladder disease appearing shall be determined by the procedures for determining occupational diseases: Provided, That the fladder disease caused by the body;

personal injury (e.g., d., bodily injury, damage to human body, damage to annual installments, heat, straw, straw, etc.) arising therefrom;

Work in case where it is medically recognized to have occurred due to an accident regardless of workers' vocational power;

The procedures for determining the commercial accident shall be followed.

2) In section 1, the term “accident during the performance of duties” means an ordinary action or other action during the performance of duties.

by reason of section 1(b) means a case in which a sudden force has occurred on the part of the officer. In this case, “patch”

In determining "where significant force has been seriously damaged, the body according to the duty of physical burden."

work-relatedness in comprehensive consideration of the effects of the work and the rapid power effects;

the Board of Governors.

D. Determination of business relevance

1) In determining the relevance to the task bearing the physical burden, the degree of the physical burden, the occupational ability, and the sporadic work

It shall be determined in comprehensive consideration of the existence of non-regular work, the period of service, the state of disease, etc.

2) 1) The degree of physical burden of 1) human engineering experts, industrial hygiene experts on the basis of the content of the disaster investigation;

It shall be assessed after hearing the opinions of relevant experts, such as medical specialists, and if necessary, together with the relevant experts.

The results of the disaster investigation shall be determined after the disaster investigation.

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-산업재해보상보험법

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