207Gudan3583 Compensation for Survivors and funeral's non-payment revocation

P (69 years old, South)

Korea Labor Welfare Corporation

August 27, 2008

October 1, 2008

1. The defendant's disposition of compensation for survivors and funeral expenses against the plaintiff on May 3, 2006 shall be revoked. 2. The costs of lawsuit shall be borne by the defendant.

The same shall apply to the order.

1. Details of the disposition;

A. The Plaintiff’s mother, a taxi company, was diagnosed on December 30, 195 with her laundry "cerebral typhe" (hereinafter “the first cerebral typhe”) with approval from the Defendant on an occupational accident and received treatment until October 31, 1997, while working as a laundry at XX transportation company (hereinafter “the Plaintiff’s mother”), and around that time, the Plaintiff was receiving disability grade 5 and her disability grade 5, and was her maurry and used at her home on January 25, 2004, and was her mathal typhal typhe in the upper part, the upper part of the upper part, the upper part, the upper part, the upper part, the upper part, the lower part, the lower part, the lower part, the lower part, and the lower part, the Plaintiff’s mother received medical treatment from the Defendant and received approval from the Defendant for re-treatment (hereinafter “the first 15th laphe disease”).

B. Direct death in the column of the death report for the deceased A (hereinafter referred to as the "the deceased"): It is written as 'the condition of pulmonary paralysis due to brain pressure increase, neutrony, neutrony, negonomy, negonomy, negophy.'

C. The Plaintiff filed a claim against the Defendant for compensation for survivors and funeral expenses on May 3, 2006 that the deceased’s death constituted occupational accidents. However, on May 3, 2006, the Defendant died not as an approved injury but as an anti-cerebrovascular that occurred during the medical care. It did not have a causal relationship with the deceased, and made a disposition of paying compensation for survivors and funeral expenses (hereinafter “disposition of this case”). D. Accordingly, the Plaintiff filed a successive request for review and reexamination, but all of which were dismissed.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

It cannot be confirmed that the body part of the deceased's approved injury is different from each other, and the deceased had signs of cerebral cerebral lego or cerebral lego at the time of the second cerebral lego, and on the other hand, for about nine years after the first cerebral lego, there was a low physical function compared to the normal one, and there was a high possibility of recurrence of cerebral legorisis. Since the deceased died due to approved injury, the deceased's death constitutes an occupational accident, it was unlawful for the defendant's disposition of this case reported differently.

(b) Fact of recognition;

(1) The deceased’s treatment process, status, reason of death, etc.

(A) The Deceased received medical treatment at the Z University Hospital from January 5, 1996 to October 30, 1997 after the first brain flasing occurred. From February 2, 1996, the Deceased received hospital treatment and thereafter received hospital treatment.

(B) After completing the above treatment, the deceased was judged at his own home upon the judgment of Grade 5 Subparagraph 8 of the disability grade (a person who could not engage in any other work than an easy service remaining after having a significant obstacle to the function or mental function of the neurosis) from the defendant, and was used in YY Hospital with her fingers, arms, and marine, etc. on the side of the bridge at her home on January 25, 2004, and was hospitalized in the above hospital from around that time to December 18, 2004, and was hospitalized in the above hospital. Meanwhile, at the time, the defendant approved the medical treatment of the above injury, etc. on the basis of the opinion of mutual advice that the second brain border et al. caused the outbreak of the deceased's injury to the defendant, and that there was no clear cause for the injury of the brain malopty, and that there was no injury to the brain malopty.

(C) After the outbreak of the first brain color, the deceased could deliver his/her will until the second brain flasing date, but the flasium was seriously affected with flasculous and memory. When he/she was eating his/her hand and arms, he/she walked with the walking bridge by cutting the walking bridge, and was not treated at his/her home after the completion of the first brain flasculing treatment, but he/she was flading the brain flasculing, but he/she was not treated at his/her home, but was fladculing, and was fladculous, and was flad with the afterma, and was fladculing, and was fladculous. Meanwhile, the deceased did not drink or smoke at any time, and was flad with the symptoms of the first brain flasculing after being treated with the second brain flasuling treatment.

(D) On November 28, 2004, the Deceased died at around 13:35 on December 18, 2004 while being treated as a serious patient room due to being placed in a mixed water condition while being treated with the second cerebral tension. On November 29, 2004, the Deceased died at around 13:35 on the deceased. As a result of the brain MRI shooting on November 29, 2004 for the Deceased, it was found that the cerebral cerebral tension occurred on the part of the deceased.

(E) The Deceased was 60 years old at the time of his death on October 9, 194.

(2) Medical opinions

(가) 망인 주치의(YY병원) 사망에 대한 의학적 소견 : 2004. 11. 28.경 급작스런 의식혼수 상태로 나빠져 시행한 뇌 MRI 상 소뇌부 양측으로 뇌경색이 진단되었고, 뇌간부 바로 뒤에 위치하고 있어 뇌부종이 진행시에 뇌간부 압박으로 인한 호흡정지 등 뇌간부 기능악화가 예견된다. | 요양상병과 사망원인과의 인과관계 : 1차 뇌경색(앞서 본 2차 뇌경색을 가리키는 것으로 보인다) 이후 본원에 입원하면서 2차례의 뇌경색이 왔고, 특히 소뇌부 양측으로 온 뇌경색으로 인해 소뇌부종이 심해져 뇌간부를 압박하고 이에 따라 뇌간부 기능이 저하되어 자발적 호흡능력상실, 심혈관계 기능저하로 이어졌다고 사료된다. 또한 폐부종이 오면서 신체적인 장기기능이(특히 호흡) 악화되어 사망에 이르렀다고 판단된다.

(b) Defendant’s advice

1) On November 29, 2004, an industrial accident-related disease with the approval of the branch office can be seen as having inherent existing factors, which are likely to cause cerebral tension, in light of the left-hand brain fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fludg.

2) There is no causal relationship between the two grounds for death and the additional medical care approval, and there is no causal relationship between the two grounds for death and the two.

3) According to the opinion of the doctor in charge of the direct death of the patient, the reason for the direct death of the patient is presumed to be the pressure of cerebral cerebral typhism. So, cerebral typhism is not an existing one, but an existing one-time one-time one, and the patient seems to have conditions under which cerebral typhism diseases may occur. As such, it is difficult to view the causal relationship as there is no existing one-time one-time one-time one-time one-time one-time another.

4) According to the advice of the branch office 4. According to the opinion of the medical care center council, it is believed that an urgent fluoral fluorial fluorial fluorial fluorial fluor and the cerebral fluorial fluorial fluorial fluorial fluorial fluor

5) It is judged that the brain death resulting from the 5. death in the advice of the branch office was caused by the brain death, which is less likely to be related to the upper branch of the medical care approval.

6) On December 30, 1995, the deceased’s advice 1. The deceased’s medical care was contracted due to cerebral tension caused by occupational accidents on December 30, 1995. On October 31, 1997, the deceased was judged as disability 5. On January 25, 2004, when the medical care was approved for cerebral rapy as of November 28, 2004, and the treatment was aggravated as of November 28, 2004. However, the cause of the death of the doctor’s opinion is the acute brain color that occurred on the part of the deceased, which is not the brain color body approved in the past. The cause of the death of the doctor’s opinion is reasonable to determine that the cause of the death of the deceased was a new site due to cerebral cerebral cerebral cerebrs that was caused by the death of the deceased, regardless of the previous approval.

7) In referring to the data of the deceased on the 2th day of the advice of the headquarters, the deceased was in a state of cerebral cerebral chrone on the left-hand side of the serious brain beer and was in a state of cerebral chrone on Nov. 28, 2004, and then there was an opinion of cerebral cerebral chrone that was taken at that time, and eventually died due to cerebral chrone. Accordingly, the cerebral chrone which is determined as the cause of death is considered as a new personal disease that is not related to the previous approved branches.

(C) professor E and assistant professor F of the law school of the Seoul National University.

1) As a result of the fact-finding conducted on May 13, 2008, the brain stroke is more than the stroke that is caused by a lack of blood supply due to the brain stroke or higher, and the stroke that is considerably divided into the strokee strokee strokee strokee strokee strokee strokee strokee strokee strokee strokee and strokee strokee strokee strokee strokee strokee strokee strokee. The strokee strokee strokee is known to be the strokee strokee strokee stroke and the strokee s

In general, it is known that most of the brain color re-explosive after two years have passed since the first outbreak of cerebral cerebral typhal typhal typhism when the two-year brain typhal typhal typhal typhal typhism was caused to the deceased. If the re-explic typhal typhal typhal typhal typhal typhal typhal typhal typhal typhal typhal typhal typhal typhal typhal typhal typhalphalphal typhal typhalphalphal typhalphal typhalphal typhalphal typhal typhal typhalphal typhal typhal typhal typhal typhal typhal typhal typhal typhal typhal typh.

The color of the deceased’s brain is the same as the cause of a general stroke. It is reasonable to view that the cerebral cerebral ecephal ephal ephism that occurred to the deceased was not caused by the cerebral ephal ephism that occurred in another secondary vehicle, but caused the first and second cerebral ephal ephism. In particular, the medical records of the deceased were described as the injury to the blood ephal ephal ephal ephal ephal ephal ephism that may cause the cardiopulmonary ephal ephism, such as the cardiopulmonary ephal ephan (e.g., the heart e., the heart e., the e., e., the e., e., the e.,

In general, approximately 10% of the patients after brain flasing and recovering most functions from 25%. A approximately 40% of the death rate is a serious disorder in middle and high level in treatment, and approximately 20% of the patients died during treatment. In the case of bovine spongiform encephalopathy, it is deemed that approximately 23% of the patients who died at the early stage of treatment. This may occur in a variety of ways depending on the initial death rate after the outbreak, the size of the brain flascing, whether the patients died at the heart, and the consciousness of the patients. It is difficult to apply it to specific cases where there are other diseases, such as brain flascing, low heart, and waste collection, such as the deceased.

Examining the cause of the deceased’s death in the submitted material, it is reasonable to view that it is equivalent to the cause causing brain emerculation, which occurred in the second right spench spench spench, in particular, due to acute brain spenching found in November 2004. In conclusion, if the approval of the second brain spencen spen spen spen spen spen spen spen spen spen spen spen spen spen spen spen.

2) As a result of the fact-finding conducted on August 8, 2008, the heat public climate is mainly a erode that occurs by force to prevent a small size of 5mm or lower in diameter, among blood parts, such as bovine spongiform encephalopathy, floor nuclear, bridge brain, and inner bridges (in front angles), etc. The occurrence of a heat public climate occurs frequently at the time of high blood pressure or urterology, which is not generally regulated. The towing of the heat public climate is widely known to have a very high level than the general middle wind caused by high blood pressure and urology. The significance of the heat public wind mentioned in the fact-finding conducted in the fact-finding report is not to have aggravated the heat public wind and to have high color and high color of the deceased. In other words, it is assumed that there was a high degree of risk that the heat public wind and flachine were generated in the right flachine of the deceased, and that there was a high degree of risk that the heat and flachine were generated in the right ra.

The difference in the depth of a forest is a misappropriation that may arise due to interference with the function of the heart because it is not smooth to coordinate the activities of the heart. The symptoms of the lower depth of the forest are as soon as the heart boomed, and they could feel accompanied by breast-founded forests, etc., and may lead to the concealment or pulmonary fladation of the chest. Generally, the high frequency of strokeing, including fladral typhral typhral typhral typhral typhral typhral typhral typhral typhral typhral typhral typhral typhral typhral typhral typhral typhral typhral typhal typhal typhal typhal typhal typhal typhal typhal typhal typhal typhal typhal ty.

[Ground of recognition] Gap evidence 7, Eul evidence 8 (the same as Eul evidence 4), Eul evidence 2, Eul evidence 3-1 through 6, Eul evidence 5, Eul evidence 7-1, 2, Eul evidence 8-1, 2, and 3, the result of the fact inquiry to the dean of the Korean Compensation for Damages of this Court, and the purport of the whole pleadings

C. Determination

(1) The occupational accident under the Industrial Accident Compensation Insurance Act refers to an accident caused by an employee’s performance of his/her duties. Thus, there should be a causal relationship between the occupational and the disease caused by death. However, if it was not directly related to the performance of his/her duties and the performance of his/her duties but becomes worse or the symptoms of his/her occupational accident arise, the causal relationship between his/her duties shall be deemed to exist. In this case, the causal relationship shall be proved by the party asserting it as to the causal relationship. However, the causal relationship shall not be necessarily proved by medical and natural science, but it shall not be proved clearly, considering all the circumstances, such as the worker’s health condition at the time of employment, the developments leading up to the occurrence, the details of the disease, and the progress of treatment (see Supreme Court Decision 200Du4538, Jul. 27, 2001).

(2) In the instant case, it is reasonable to recognize the deceased as an occupational accident on the grounds that the first brain color of the deceased was caused by occupational reasons, namely, the Defendant approved the deceased’s medical treatment. Meanwhile, the first brain color of the deceased occurred on the right side of the deceased, and the second brain color occurred on the deceased’s first brain color. Since six years and three months have passed after the treatment for the first brain color, it was recognized as an occupational accident and the medical treatment for the second brain color of the deceased’s second brain that occurred on the other side after the lapse of ten months from the second brain color, it is reasonable to recognize as an occupational accident on the deceased’s second brain color that the death was caused on the part of the deceased immediately before the death and that there was a considerable proximate causal relation between the deceased’s first and the second brain disease, and thus, the death was caused on the part of the deceased’s first brain color and the second brain disease caused on the part of the deceased’s second brain disease until the death was caused on the other side of the deceased’s second brain disease.

(3) Therefore, the Defendant’s disposition based on the premise that the deceased’s death does not constitute occupational accidents is unlawful.

3. Conclusion

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.

Judges Yang Dong-soo