[Plaintiff-Appellant] 1 and 3 others (Law Firm Sejong National University, Attorneys Hwang Young-hee et al., Counsel for plaintiff-appellant)

Korea Labor Welfare Corporation

July 20, 2005

Seoul Administrative Court Decision 2002Gudan4054 decided Nov. 5, 2004

1. The defendant's appeal is all dismissed.

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

1. Purport of claim

The defendant's non-party on February 27, 2002 approval disposition for medical care granted to the deceased non-party and the compensation for survivors and funeral expenses paid to the plaintiff Kim Jong-ho on April 20, 2004 shall be revoked, respectively.

2. Purport of appeal

The judgment of the first instance is revoked. All of the plaintiffs' claims are dismissed.

1. Quotation and statement of modification of the judgment of the court of first instance;

A. The reasoning for the court's explanation concerning this case is as follows: the witness of the 4th instance court's 6th instance court's - "the witness" of the 4th instance court's - "this court" was used as "the court of the first instance"; the 4th 17th - " March 2001" was corrected as " April 201"; the 5th 13th to 6th 7th 7th , and the 4th 5th 5th 13th 13th , and the 420 of the Civil Procedure Act were the same as the reasons for the court of the first instance's - so it is cited as is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

B. The part concerning the amendment

“(D) Medical Opinions”

On December 19, 2001 and April 15, 2002, immediately after the Plaintiff was used as the injury and disease of this case, the doctor’s gambling of the metainary hospital at the Indian University from around December 19, 2001 to around April 15, 2002, is highly likely to cause the Plaintiff’s viral infection. The cause of the Plaintiff’s viral infection is most likely, and the viral infection is frequently occurred to a person with low resistance, and in the case of the Deceased, the possibility that it would be the primary cause of the viral infection before the outbreak cannot be ruled out (Evidence No. 19).

On the other hand, according to the result of the court's entrustment to the president of the Korean Medical Association of the first instance court, it is highly likely that the deceased would be brain infection in accordance with simple chers virux 1, HSV-1 in the medical records in the case of the deceased, and such viral viral viral viral viral vir-1 in general, it is thought that the viral viral viral viral viral ar

(2) Determination

In light of the above facts, it is difficult to deny the probability that the disease of this case was caused by the activation of virus and the possibility of the disease of this case caused by excessive work progress in the latter part of 201. Furthermore, in light of the fact that the disease of this case was caused by excessive work in addition to the existing contract work on the deceased in the latter part of 2001, it seems that the deceased was exposed to serious excessive work and stress due to excessive work before the outbreak of the disease of this case. Although the established causal link between overwork, stress, and virus infection was not established, it is difficult to deny the possibility that the disease of this case was caused by the above virus due to severe excessive work and stress. In light of the above, the disease of this case constitutes an occupational accident caused by the plaintiff's occupational negligence and stress.

Therefore, it is unlawful for the Defendant to take the disposition of non-approval of the medical care of this case and the disposition of additional payment of compensation for survivors on the premise that the injury or disease of this case does not constitute occupational accidents.

2. Conclusion

Therefore, the plaintiffs' claims shall be accepted in its entirety with due reasons, and the judgment of the court of first instance shall be just and the defendant's appeal against it shall be dismissed in its entirety as it is without merit. It is so decided as per Disposition.

Judges' profit-based (Presiding Judge) Lee Jae-won