2018Guhap87019 Revocation of revocation of the payment of bereaved family's benefits and funeral expenses

A

Attorney Cho Jae-soo et al., Counsel for the defendant-appellant

Attorney Lee Jae-woo, Counsel for the plaintiff

Korea Labor Welfare Corporation

November 29, 2019

January 31, 2020

1. The plaintiff's claim is dismissed.

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

In March 22, 2018, the disposition of bereaved family's benefits and funeral expenses rendered by the Defendant to the Plaintiff shall be revoked.

1. Details of the disposition;

A. On June 1, 2008, the net B (Cre; hereinafter referred to as "the net") is a person who became a stock company on June 1, 2008 and has worked as the owner of the livestock set in charge of food at the flat point.

B. On May 28, 2017, at home around 13:05, the Deceased complained for the answer of the breast at home and sent back to a nearby F Hospital through the ambulances, but was eventually killed at around 15:03 on the same day. The direct death of the Deceased on the death report is a acute heart.

C. The Plaintiff, as the deceased, claimed that the death of the deceased constituted an occupational accident, and claimed the payment of bereaved family benefits and funeral expenses to the Defendant. On March 22, 2018, the Defendant: (a) considered the average weekly working hours of the deceased on March 22, 2018, the standard of short-term and chronic course is below the standard; (b) it is deemed difficult to find obvious aggravated factors that may cause occupational burden, such as sudden changes in work environment or a rapid increase in work capacity; (c) therefore, there is no proximate causal relation between the deceased’s work and the death; and (d) in accordance with the review by the Seoul Decision Committee on Determination of Seoul Occupational Disease, the Defendant issued a disposition of survivors’ benefits and funeral site non-payment (

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 12 and 14, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

In light of the fact that the livestock field work performed by the deceased is a job with high business strength to the extent that other employees evade the work, the deceased was assigned to the Empt Emb, a new store for seven months prior to the death. In the case of new burial, the deceased has a high level of work compared to other burials, the deceased worked on a alternate system, and there was a lack of adequate resting space, and the Embrate has more work hours than the work hours of the deceased identified by the defendant, such as reducing the work hours of the employees, and keeping records, the number of actual work hours of the deceased was higher than the work hours of the deceased, the number of hours of the worker increased to about one hour and 30 minutes, and the health care of the deceased was constantly increased to the Empt, the deceased died due to the occupational division. Therefore, the proximate causal relation between the deceased’s work and the deceased’s death is recognized, and the disposition of this case should be revoked on a different premise, and the disposition of this case should be revoked.

B. Relevant statutes and regulations

It is as shown in the attached Form.

(c) Fact of recognition;

1) The deceased’s basic form of work

A) Since the Deceased’s entry into D Co., Ltd. on June 1, 2008, he continued to take charge of livestock wave work in Empt. The specific duties performed by the Deceased are the work of loading livestock products, such as transported cattle, cattle, swine scrapers, etc. onto air conditioners and exercising overall control over the sale of cutting.

B) From October 28, 2016, the Deceased was assigned to Empt Empt Empt Emb, a newly established store, and worked as a shift work system for five days a week, and three shift work systems for three shift work systems. The shift work group is divided into one class (1), two class (1), two class (12 to 21), and three class (14 to 23). The Deceased mainly worked as one class or three class work, and in particular, the Deceased worked as three class workers on the day of death.

2) Specific working hours before the development of the deceased.

A) According to the disaster investigation report prepared by the employee in charge of the Defendant at the time of the instant disposition (hereinafter “the disaster investigation report of this case”), the average working hours per week prior to the occurrence of the Deceased are 40 hours in total, and the average working hours per week during four weeks prior to the occurrence are 32 hours in total, and the average working hours per week during twelve weeks prior to the occurrence are 34 hours and 30 minutes in total.

B) In addition, as a result of the Defendant’s calculation of the night working hours of the Deceased’s night working hours per week prior to the occurrence of the Deceased, based on “matters necessary for the Defendant to determine whether to recognize the occupational disease or cardio-cerebrovascular disease or cardio-cerebrovascular disease,” which is published by the Ministry of Employment and Labor, the average working hours per week during the four weeks prior to the occurrence of the Deceased were 40 hours and 54 minutes in total, and the average working hours per week during the twelve weeks prior to the occurrence of the outbreak were 32 hours and 45 minutes in total, and the average working hours per week during

3) Existing health conditions, etc. of the Deceased

A) Details of the deceased’s health examination

(1) Results of health examinations conducted in 2014

○ Blood pressure 200/120 mHg(s)2), 206mg/dl(s) (s) per anti-cerebral blood, 206mg/dl(s)3 per anti-cerebral blood, gross caller 228mg/dl(s)4, LDL- Caller 151mg/dl(s) (s) (s) hDL- call table 151mg/dl(s) (s) 5mg/dl(s)6)

In order of the state of smoking, it is important that ○○’s blood transfusion, blood pressure, call tower, and current smoking conditions of the Deceased. Risk factors are important in the heart disease of the Deceased.

○ Comprehensive urine: A network for secondary examination of high blood pressure and urology, counseling with abnormal geological blood transfusions, and network for tracking and tracking tests;

(2) Results of health examinations in 2015

○ In the heart of a disease with 150/90m Hg) from blood pressure, 162mg/dl (the heart of a disease), 162mg/dl (the heart of a disease), the General Callers, 218mg/dl (the normalB), LDL-recolol 147mg/dl (the normalB), HDL-recolololol 33.4mg/dl (the heart of a disease)

In order of the state of smoking, ○○○’s blood relative, blood pressure, call tower, and current smoking conditions, it is important risk factors of the deceased’s heart disease.

○ General : High blood pressure, urine disease patients, abnormal urology and network for tracking and tracking tests.

(3) Results of health examinations in 2016

○ Blood pressure 140/100m Hg (the heart of a disease), 179mg/dl (the heart of a disease), Total Caller 251mg/dl (the heart of a disease), LDL- caller 16mg/dl (the heart of a disease), HDL- caller 34mg/dl (the heart of a disease)

In order of the state of smoking, ○○○’s blood relative, blood pressure, call tower, and current smoking conditions, it is important risk factors of the deceased’s heart disease.

○ General : High blood pressure, urine disease patients, abnormal urology and network for tracking and tracking tests.

(4) Results of health examinations in 2017

○ In the heart of a disease with 150/92mH), 227mg/dl (the heart of a disease), 227mg/dl (the heart of a disease), the General Callers, 231mg/dl7), LDL- call roll 16mg/dl (the heart of a disease), HDL- call roll 34.2mg/dl (the heart of a disease)

In order of the state of smoking, ○○○’s blood relative, blood pressure, call tower, and current smoking conditions, it is important risk factors of the deceased’s heart disease.

○ General : High blood pressure, urine disease patients, abnormal geological blood transfusions and require tracking tests.

B) Existing medical records of the Deceased

Examining the details of health insurance benefit for the deceased (from May 1, 2007 to around the time of death), the deceased received training and high blood pressure treatment on seven occasions from July 15, 2014 to October 22 of the same year.

C) Contents of the Plaintiff’s statement

On December 1, 2017, a written answer submitted by the Plaintiff to the employee in charge of the Defendant, stating that “the deceased was determined as a person with high blood pressure and urology from the health examination in 2015, but has been well in health care due to gold, physical exercise, etc., and that “the deceased is smoking at 20 pieces per day.”

4) Medical opinions regarding the deceased’s death

A) Medical certificates

The details of the medical certificate prepared by the F Hospital G doctor G on June 1, 2017 are as follows:

The Deceased reported to 119 with a sudden chest, and was found to be in the state of heart stop at the time of arrival at the site by the 119 first aid unit. The Deceased was carried out cardiopulmonary resuscitation by the first aid unit, and was transferred to the original source and died after the second stop. The reason is determined as ○○○ (the private person of the deceased), and the cause is the highest possibility of cardiopulmonary resuscitation. There is no other illness or injury related to the heart suspension, there was no other force or injury related to the heart suspension, and there was no scarbic inconvenience immediately before the heart suspension, and the fact that the cardiopulmonary depression occurred during the heart suspension is the cause of cardiopulmonary resuscitation. Although it was impossible to conduct a positive examination such as the cardiopulmonary photography photography, the cause of the cardiopulmonary suspension is determined to be a serious cardiopulmonary resuscitation.

B) Defendant’s advisory opinion

The defendant adviser prepared a statement of opinion to the effect that "the recognition of the occupational injury or disease of the cardio-cerebral disease should be presented to the Committee for Determination of Occupational Diseases," which is deemed to have died due to the occurrence of a complication of an uncontrol high blood pressure, urine disease, etc.

C) Results of deliberation by the Seoul Occupational Disease Determination Committee

On March 13, 2018, the Seoul Occupational Disease Determination Committee deliberated on whether the deceased's death is recognized as an occupational accident, and the result of the deliberation is as follows.

As a result of review of the deceased’s death diagnosis report and relevant medical records, the deceased died on May 28, 2017, which is presumed to have been dead by acute funeral services. Examining the occupational capabilities and working hours of the deceased, the deceased has been on duty in the Embrate from June 2008 to Empt, who has been newly opened six months prior to the outbreak, and has been on duty in three shift work, including part of the night work. However, it is determined that there is insufficient objective evidence of overwork or stress that may cause high level of personality and personality. In addition, the time of work of the deceased conducted after adding night work hours falls short of 35 minutes a week average of 12 weeks and 27 minutes a week, and thus, it is difficult to find that there is considerable causal relation between the deceased’s death and 200 minutes a week’s death and 14 minutes a week’s work experience due to the death of the deceased’s 12 weeks prior to the occurrence of work (the same shall apply to the death of 30 or more members).

(d) Medical information of Seoul National University Hospital;

According to the medical information of the Seoul National University Hospital, the causes, etc. of the outbreak of cardio-fluence shall be as follows:

○○ The heart heart is an important institution that spreads blood by telegraph during one’s life after being supplied with oxygen and nutrition through the blood pipe of 3rd son. Therefore, in a case where the upper dynamic is abnormal, it is inevitable to affect the heart heart urine. Examining the structure of ○○ heart urine, where an internal cell is accumulated with an inner floor, and where an inner cell is healthy, blood transfer does not occur. However, as long as an internal cell is healthy due to geological blood transfusion, urology, high blood pressure, smoking, etc., and the climatic urology is under way, and the climatic urine is activated in blood within the blood body that has flowed with the upper chromosome, and thus, the climatic urine is very acutely affected by the flusium 70% or more of the blood cells, and the climatic urine is not destroyed by the heart tyromatic typhymosis, but is not destroyed by the heart mal hemosis.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2, 8 through 10, 13, 14, and 16, and the purport of the whole pleadings

D. Determination

1) Relevant legal principles

The occupational accident under the Industrial Accident Compensation Insurance Act refers to an accident caused by an employee while performing his/her duties, and there is a proximate causal relationship between the employee’s work and the accident. In such cases, the existence of a proximate causal relationship between the occupational accident and the accident must be determined on the basis of the worker’s health and physical conditions, not the average person, and the degree of causation must be determined on the basis of the worker’s health and physical condition. In addition, it is proved that there is a proximate causal relationship between the occupational accident in light of all the circumstances, rather than the medical and natural science, and it is presumed that there is a proximate causal relationship between the occupational accident in light of all the circumstances. Provided, That it is difficult to presume that there is such causal relationship immediately even if there is a causal relationship between the occupational accident and the occupational accident, on the ground that the occupational accident can be the cause of the outbreak and aggravation of the disease, as well as the cause of the outbreak and aggravation of the occupational accident in modern medical science, in addition to the involvement of the factors belonging to the private life (see Supreme Court Decision 2001Du725, Feb. 5, 2002).

2) Determination

Considering the deceased’s death certificate, medical certificate prepared by F Hospital G doctor, and the result of deliberation by the Seoul Committee for Determination of Seoul Occupational Disease, etc., the deceased appears to have died from a cardiopulmonary disease, such as acute scarcity. However, in full view of the following circumstances revealed in light of the overall purport of the pleadings, the evidence submitted by the Plaintiff alone cannot be deemed as having died of a cardiopulmonary disease, such as acute scarcity color, due to excessive stress, and there is no evidence to acknowledge that there was a proximate causal relation between the deceased’s work and the death.

A) Article 37(3) of the former Industrial Accident Compensation Insurance Act, Article 34(3) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act and subparagraph 1(c) of the attached Table 3 of the Industrial Accident Compensation Insurance Act recognize that a heart disease has occurred due to 's chronic overwork which causes a significant physical or mental burden that may significantly affect the normal function of brain-dead or cardio-cerebrovascular due to changes in work environment'. Article 34(3) of the former Enforcement Decree of the Industrial Accident Compensation Insurance Act, and Article 34(3) [Attachment 3] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act provides that "it is necessary to determine whether to recognize an occupational disease of cerebrovascular or cardiopulmonary disease, or cardiopulmonary disease, and where the work exceeds 2017-117, 29 December 29, 2017, hereinafter referred to as "this case's announcement") and 16(1) of the former Enforcement Decree of the Industrial Accident Compensation Insurance Act, the average work hours exceeding 16(2) week prior to 14 weeks.

According to the disaster investigation report of this case, even if the work hours of the deceased are calculated by increasing their night work hours pursuant to subparagraph 1 (d) of the notification of this case, the average work hours per week during four weeks prior to the occurrence of the deceased shall not considerably exceed 32 hours and 45 minutes, and the average work hours per week during 12 weeks prior to the occurrence of the deceased shall not considerably exceed the above standard by 35 hours and 27 minutes. Meanwhile, while the plaintiff asserts that "the net work hours of the deceased shall considerably exceed the work hours under the disaster investigation report of this case." However, there is no specific and objective evidence to acknowledge the plaintiff's assertion that the deceased's death is an occupational accident.

On the other hand, the deceased was suffering from high blood pressure, urology, and abnormal geological blood transfusion, and was transferred to and from Empt, a store newly established by the deceased, and led to commuting to and from work. However, considering the fact that there was no change in the livestock wave work itself for a long time, and the above circumstances were taken into account during four weeks prior to the outbreak or the average working hours per week during the 12th week period, it is somewhat difficult to deem the deceased to have performed an excessive work to the extent that the deceased had a significant influence on the normal function of the cardio-cerebrovascular.

B) In comparison with the average working hours per week prior to the occurrence of the Deceased for 40 hours and 54 minutes per week (35 hours and 27 minutes per week) prior to the occurrence of the Deceased, it does not constitute “the increase in the occupational burden during the short period” as set out in subparagraph 1 (b) of the instant notification by the primary basis of “the increase in the occupational burden during the short period of 12 weeks prior to the occurrence of the disease” or “the increase in the number or hours during the 12 weeks prior to the outbreak of the disease (except for one week prior to the outbreak of the disease).

C) Under subparagraph 1 (a) (i) of attached Table 3 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, “in the event of a sudden change in the tension, interest, fear, sight, play, etc. to an unpredictable degree of difficulty,” it is recognized that the cerebrovascular disease or heart disease has occurred due to an excessive change in the working environment according to the sudden breakdown. In the case of subparagraph 1 (a) (i) of attached Table 3 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act, the term “in the case of subparagraph 1 (a) of the notification of this case” means the case where the cerebrs or hearts, etc. related to the work have rapidly and clearly deteriorated beyond the natural progress within 24 hours before the outbreak, and the sudden change in the work environment.” There is no reason to acknowledge that there was a sudden and unexpected change in the working environment related to the work of the deceased.

D) In addition, according to the health examination conducted from the year 2014 to the year 2017, the deceased’s blood pressure, urology, urology, and urology, which are the main causes of acute scarcity color, and the deceased was suspected of abnormal urology, and the deceased’s results of each health examination conducted from the year 2014 to the year 2017, the deceased appears to have not been well controlled, such as receiving hospital treatment with respect to high pressure or urology, except for treatment conducted several times in the year 2014, and (4) In particular, the deceased continued to point out the causes of acute urology, but maintained the smoking power of approximately KRW 20 per day. In light of the above health examination results, the possibility that the deceased’s urology may not be ruled out that the deceased’s urmatic disease may have occurred as an individual fladic disease.

3) Sub-decisions

Therefore, it is difficult to recognize the proximate causal relation between the deceased’s work and death, and the instant disposition is legitimate on such premise.

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

Judge Park Jong-young

Judges Kang Jae-sung

Judges Cho Gyeong-soo

(i)including one hour to rest; hereinafter the same shall apply;

2) In the event of less than 120m Hg/80m Hg, normal A ( nursing), 120-139m Hg/80m Hg in the case of less than 120m Hgg/80m Hg, the normal B ( Boundary) in the case of the above numerical value, and the disease’s depth (risk) in the case of exceeding the above numerical value; hereinafter the same applies.

3) In the case of less than 100 g/dl, normal A (n) and in the case of less than 100 g/d-125 g/d, normal B (security) and in the case of more than the above numerical value, the disease is in the heart (risk) condition; hereinafter the same shall apply.

4) In the case of less than 200 g/Dl, normal A (n) and in the case of 200 g/d-229 g/d, normal B (security) and in the case of beyond the above numerical value, it constitutes the heart (risk) state of disease; hereinafter the same shall apply.

5) In the case of less than 130 g/dl, normal A (n) and 130 g/di-149 g/dl in the case of below 130 g/dl, normalB (security) and in the case of beyond the above numerical value, the disease is in the heart (risk) condition; hereinafter the same shall apply.

6) In the case of 60 g/Dl or above, normal A (B) in the case of normal 40 g/D-59 g/Dl or in the case of below the above 60 g/Dl or in the case of below the above mbl, the depth of the disease (risk) is applicable. The same applies hereinafter

7) As a result of the health examination at the time, in the case of 200 g/dl-235 g/dl, considered as normal B (B).

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.