In a case where Party B, who had worked as an automobile assembly hole in Company A, was diagnosed by “the escape certificate of light signboards at No. 6-7,” etc. at the hospital, which had scambly scambling the scam in the physical training room in the company, and applied for medical care benefits to the Korea Workers’ Compensation and Welfare Service after disc operation, but the Corporation applied for medical care benefits to the Korea Workers’ Compensation and Welfare Service, but it is difficult to recognize a proximate causal relation between the upper branch and the disaster, the case holding that the above accident constituted an occupational accident on the ground that there is a

In a case where Party B, who had worked as an automobile assembly hole at Company B, was examined as “the escape certificate of the Gyeong-7 light signboard escape, scambling base and tensions” at a hospital that had scambling scamblingly applied for medical care benefits to the Korea Workers’ Compensation and Welfare Service after disc operation, but the Corporation applied for medical care benefits to the Korea Workers’ Compensation and Welfare Service after disc operation, but it is difficult for the Corporation to recognize a proximate causal relation between the above accidents, the case holding that the above physical training room was installed and managed by Company A in order to prevent the scambling diseases of its production workers, and it was a facility under the control and management of Company B, and it was deemed that the scambling movement in the physical training room was a preparatory act for the business or a reasonable and necessary act deemed incidental to it by social norms, and, in light of all the above circumstances, the above accident was caused by the occupational accident, and it appears that the above 6-7 scambalone and the above scambalone.

Article 5 subparag. 1 and Article 37(1)1 of the Industrial Accident Compensation Insurance Act, Article 27(1)3 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act

Plaintiff (Law Firm Ha, Attorneys Park Dong-sik, Counsel for the plaintiff-appellant)

Korea Labor Welfare Corporation

August 29, 2012

1. On September 17, 2010, the Defendant revoked the disposition of non-approval for medical care granted to the Plaintiff.

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

The same shall apply to the order.

1. Details of the disposition;

A. Since entering Hyundai Automobile Co., Ltd. (hereinafter “Nonindicted Company”) on March 5, 1996, the Plaintiff has been working as an automobile assembly worker.

B. On July 30, 2010, the Plaintiff received the diagnosis of “the escape certificate of the Gyeong-7 Gyeong-gu Gyeong-gu Gyeong-gu, the Gyeong-gu Gyeong-gu Gyeong-gu and the tension” (hereinafter “the instant injury and disease”) and received the disc scopic removal and scopic surgery in the corresponding part on August 5, 2010.

C. On August 18, 2010, the Plaintiff filed an application for medical care benefits with the Defendant that the instant injury and disease was caused by an occupational accident. However, on September 17, 2010, the Defendant rendered the instant disposition that rejected medical care on the ground that “it is difficult to recognize a proximate causal relation between the injury and the disaster.”

[Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 10, and the purport of the whole pleadings

2. Whether the disposition of this case is legitimate

A. The plaintiff's assertion

While the Plaintiff was working in the company for about 13 years as an automobile assembly hole in the company of Nonparty, while making a Belgium movement in the physical training room installed in the workplace by using a fielding time, the Plaintiff did not confirm the situation or causes other than the work that may occur on the right side, such as the instant item, and there is no other confirmation of the situation or causes other than the work that may occur on the right side. As such, there is a proximate causal relation between the business branch of this case and the business branch of this case. Accordingly, the disposition of this case on a different premise is unlawful.

B. Relevant statutes

Industrial Accident Compensation Insurance Act

Article 37 (Standards for Recognition of Occupational Accidents)

(1) If an employee suffers an injury, disease or disability or dies due to any of the following causes, it shall be deemed an occupational accident: Provided, That this shall not apply where there is no proximate causal relation between his/her duties and accident:

1. An accident on duty:

(a) Any accident that happens while he/she performs a duty under an employment contract or any other act incidental thereto;

(b) Any accident that happens due to any defect or negligence in management of the facilities, etc. provided by the relevant business owner while using such facilities, etc.;

(c) Accidents caused to and from work under the control and management of the business owner, such as the use of the means of transportation provided by the business owner or similar means of transportation;

(d) An accident under the supervision of the business owner or during preparation for an event or event in compliance with the direction of the business owner;

(e) An accident that happens due to an act deemed under the control and management of the business owner during recess hours;

(f) Other accidents in connection with the business affairs.

(3) Specific criteria for recognition of occupational accidents shall be prescribed by Presidential Decree.

Enforcement Decree of the Industrial Accident Compensation Insurance

Article 27 (Accidents in the course of Performing Duties)

(1) An accident that happens while a worker is carrying out any of the following acts shall be deemed an accident on duty under Article 37 (1) 1 (a) of the Act:

1. Performing duties under an employment contract;

2. An act of biological necessity, such as a roadside, etc. performed in the course of performing his/her duties;

3. Preparing for or finishing up work and other necessary acts incidental to his/her duties;

4. Acts expected by social norms, such as emergency evacuation and rescue arising from an unexpected accident that happens inside the workplace, such as a natural disaster or fire.

C. Facts of recognition

1) Details of the Plaintiff’s business and relevant treatment details

A) On March 5, 1996, the Plaintiff became a member of the non-party company and attached the straw and pans, etc. at the end of November 30, 2001, the Plaintiff had been mainly engaged in the maintenance and management of the contacter within the same factory as from December 1, 2001. The maintenance and management of the contacter for robot mainly includes the work of removing the caps installed on the robot from maintenance and repair, the work of correcting the contact points of robots, and the replacement of parts of robots, and the weight of the mother and parts attached to the robot subject to maintenance is at least 40-50 kilograms.

B) From 2004, in the Ulsan Factory of the non-party company, the physical fitness room is set up by each department to be used freely for rest hours in order to prevent the commuting diseases of workers in the production sector. The physical fitness room used by the plaintiff (hereinafter “the physical fitness room of this case”) is set up inside the office of the first factory in Ulsansan, and the station and learning machines provided by the company in a size of 10 square meters have been installed, and cleaning and management is conducted in one preservation unit to which the plaintiff belongs.

C) The Plaintiff used normal night-time to see the name, indoor bicycle, and labelling in the instant physical fitness room. From that point of time, the Plaintiff saw that the Plaintiff was fluorized with the name, indoor bicycle, and climinary sports bell in the instant physical fitness room on July 16, 2010, using the night-time time to see the mark along with the name, indoor bicycle, and climinary sports bell in the instant physical fitness room, and 70 km as shown in the attached picture, she was fluorized on the side, including the right side, including the neck, while making a fluoring movement while taking place in the brush (hereinafter “the instant accident”). As such, the Plaintiff did not use the climinate so, and was diagnosed in the body of the instant case on July 3, 2010, and did not cause any danger of the injury and injury to the hospital.

D) There is no record that the Plaintiff received medical treatment from May 1, 2007 to August 30, 2010 due to drilling-related diseases.

(ii) medical opinions

A) Plaintiff’s principal director: Non-party 1 of the doctor of the scenic Ulsan Hospital

On July 30, 2010, the Plaintiff was in place on July 30, 2010. Under the diagnosis of the escape from the hard drive in the MRI, which was implemented in this part at the MPI’s radioactive radioactive ray and math, the Plaintiff was in place on August 5, 2010. The emerculation of the disc was rarely observed and the emerculation was able to confirm the opinions on the emercation of the disc. In consideration of the CRI and the opinions on surgery, the Plaintiff was determined to have contributed to a certain degree of external shock.

B) Evaluation of work relevance: Medical doctor of Yangsan National University Hospital, non-party 2

- It is determined in the MRI that the escape of a warning signboard from the right side at a time of 6-7 times in the trend (Rt. Maminal action) is observed and a serious chronic pressure in photographs is found to have been observed. This is also confirmed even in the MRI’s examination.

- The physical ability of the scambling will reduce to the largest head of the 5-6 side. These scambling conditions are related to the vertebrate of the scambling from Nos. 5-6 and 6-7, which is the most large and narrower to the head of the scambling. They may affect the scambling of the scambling signboards. These factors, such as the workers' scam, repeatedness, power, etc., may increase the risk of the scambling escape card.

- Basicly, the Plaintiff’s main director, who performed an operation, judged it as a acute signboard escape certificate, rather than a sediment, which is more accurate judgment rather than the Defendant’s advisory opinion that only held with pictures. The degree of escape is an escape, and the degree of escape is not a typical escape, but a typical escape opinion is presented.

- The fact that there exists a warning sign at the age of 39 is serious in that it means physical factors, i.e., that the leaving of office by business, are more accelerating. Business factors are well known to further increase the leaving of drilling and spine. In such a situation where the leaving of office is increased, it is easy to escape easily in a small number of external forces, and it cannot be deemed that the escape of a conical signboard occurs only in a specific situation, such as melting or tamping the side, and in particular, it is apparent that it is ordinarily known that the leaving of office in the age of 39. There is no symptoms before and after the occurrence of symptoms, and there is no evidence that there was no reason to prove that there was an accident other than the accident at the time of MI in addition to the accident in the MI.

- The level of acute escape in MRI and the level of chronic pressure are observed and confirmed even through the surgery. Since the plaintiff doctor confirmed that he was acute escape even through the surgery, the plaintiff doctor's opinion on the defendant's advisory opinion that the defendant's advisory opinion that the plaintiff doctor is hyeing hye hye hye hye hye with only MRI photograph is insufficient compared with the plaintiff's hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye, and there is sufficient possibility that the plaintiff's hye hye hye can be performed with an excessive hye hye hye

C) Defendant adviser

- Advice-1: Although it is recognized that the escape of the conical signboard No. 6-7 is the opinion of escape, it is judged that the situation of the accident is smaller than the occurrence and causation of the escape of the conical signboard, such as the aftermath of the conical base and the yellow-ray vision. In view of the circumstances of the accident, the occurrence of the conical relationship is low even with the occurrence of the deical seat.

- Advice-2: It is spring that there is an escape between the 6-7 of the trend, but it is difficult for the plaintiff to cause such escape to the disaster scene claimed by the plaintiff (if there is a sudden movement to induce escape, it is necessary to cause a sudden movement to induce escape). Based on the same reasons, it is difficult to occur in the ferode.

- Advice-3: there is no lack of clear occupational accident that might be unreasonable in the light of the Plaintiff’s personal history. In the light of the Plaintiff’s first medical examination and treatment, the Presidential Decree on the simple photographing of the light that taken on July 27, 2010: (a) there was an opinion of change of the climatic nature; and (b) there was no opinion of only a climatic proof; (c) there was no opinion of climatic proof in the light of the climatic of the climatic; (d) there was no opinion of climatic signboard escape that generally shows that the climatic signboard climaticis in the light of the climatic of the climatic of the climatic of the climatic of the climatic of the climatic of the climatic of the climatic of the climatic of the climatic of the climatic of the climatic of the climatic of the climatic of the climatic of the c.

- Advice-4: At the point of view of MRI, it is considered as a acute escape as a result of the escape from a protruding signboard between the trends of 6-7 in the MRI, but it is difficult to recognize the causal relationship with the disaster, because there is a change in the change in the form of nuclear transformation and the decline of the drilling, and there is no relation with the upper sentence due to the disaster.

- Advice 5: It is difficult to find a proximate causal relationship in view of the fact that there is a change in the ethic nature, but it is accompanied by a change in the ethic nature.

(d)the result of the request for film appraisal to the president of the Korean Association;

- In light of MRI and CT before an operation, there exists a conical signboard escape certificate between 5-6, 6-7 and 6-7, and the location of the escape of a conical signboard between 6-7 is a position that may pressure the right neutism, and there are arguments and opinions in the medical records consistent therewith in the medical records. On July 27, 2010, the normal aftermaths were laid down from the radioactive rays of the simple conical ray, which was implemented on August 4, 201, and the simple aftermaths of the simple photo executed on August 4, 201.

- The reason of these symptoms is that there is a studal signboard escape certificate, which is generated by the chilling change in the number of conical signboards, such as the reduction in the number of nuclear components of conical signboards, the cirrative signboard escape certificate generated by the transition, the formation of alley, and the cirrosising of the conical signboards, external shock or external wounds, and the sudden pressure, etc.

- On July 27, 2010, MRI and CT appear to be in the rear side of the latter, and in the front side of the latter side, it appears to have been seen as having shown the first permanent signal in MRI T2 image, and there is an intention to escape from the rear side of the runway and conical signboard between the 6-7 trends, and there is an opinion to escape from the rear side of the runway and conical signboard in T2, and there is another string escape from the rear side of the rear side of the runway and conical signboard.

- In MRI and T2 images, the signal projection has lowered due to the diversification, and there has been a gap between CT to CT and CT from 5-6, 6-7, and tin in the front and rear side of the conical signboard, and tinination has been seen at the front and rear side of the conical signboard. It is not clear that such a stimulation view appears, and that the vision of the yellow lusium or the vision of the renal is apparent.

- Generally, the occurrence of malopical escape due to external wounds is serious or serious, and it is not clear whether it may occur when repeated movements are conducted with 70km as the Plaintiff, but it may occur according to the movement itself (e.g., h., g., softening).

- It is difficult to say that it is difficult for the Plaintiff to visit the hospital and conduct a close inspection 10 days after the disaster, if it appears that the escape of a conical escape seems to exist, and that the escape of a conical signboard between No. 6-7 was escape central, and pressured on the scale, that is, math or serious symptoms have broken down immediately, but the Plaintiff is in a position to cause pressure rather than the number of times, which is biased toward the right side.

[Recognition] Facts without dispute, Gap evidence 4, Eul evidence 3-1 to 4, the result of the request for film appraisal to the president of the Korean Association of Doctors, the purport of the whole pleadings

D. Determination

1) In a case where a worker was injured while performing a certain act, the relevant worker's act may be recognized as an injury resulting from an occupational accident in a case where the worker's act is deemed to be under the control and management of the employer, by comprehensively taking into account the motive, reason, and the process of the worker's act (see Supreme Court Decision 2009Du157, May 14, 2009).

In addition, “occupational accident” under Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act refers to an employee’s injury, disease, physical disability, or death resulting from his/her occupational duties while performing his/her duties. As such, there should be causation between the occupational accident and the accident, and it should be proved by the assertion of such causation. In addition, such causation does not necessarily have to be clearly proved in medical and natural science, and in cases where there is a proximate causal relation between the occupational disease and the disease when considering various circumstances, it should be deemed that there is proof even if there is a reasonable causal relation between the occupational accident and the disease. In addition, it shall be included in cases where there is proof even if the basic disease or the existing disease which can be ordinarily worked in the usual office which causes the excessive performance of his/her duties, and whether there is a causal relation between the occupational accident and death should be determined based on the health and physical conditions of the employee concerned, not the average person (see Supreme Court Decision 2005Du13841, Mar. 9,

2) Comprehensively taking account of the foregoing facts and the following facts as to the instant case’s health team, the instant accident is an occupational accident. Due to such an accident, the Plaintiff’s departure from the 6-7 side was aggravated to more than natural progress, and the instant injury was caused while entering the climatic base and the tension of the Plaintiff’s climatic climatics during the accident. As such, the instant injury’s disease is deemed to constitute occupational accident on the ground of proximate causal relation with the instant duties.

A) (1) The physical training room of this case is a welfare facility under the control and management of the non-party company, as it was established and managed by the non-party company in order to prevent the commuting diseases of the non-party company's production workers.

(2) Since joining the non-party company, the Plaintiff has been engaged in the maintenance and management of robot contact devices, including the maintenance of the body and pans, etc. of robots. In light of the contents of the business, etc., it is deemed that there is a need for a campaign to strengthen the power of the surrounding land in order to prevent shock diseases that may arise from the business, and to smoothly carry out the business. In addition, the Plaintiff’s act of labeling movement, etc. in the personnel training center of this case appears to be a reasonable and necessary act that is deemed to be an act of preparation for the business or incidental to it by social norms.

B) (1) Before the instant accident, the Plaintiff had already been retired on the side of the conical signboard of the 6-7 trend. This may have increased the degree in light of the Plaintiff’s age, and where the departure from the position has increased, even according to a little external history, escape may lead to escape or the situation of escape may be deepened (On the other hand, there is no room to regard the increase of the departure from the side of the conical signboard compared to the Plaintiff’s age as a job in light of the Plaintiff’s duty).

(2) As seen earlier, in light of the medical opinions conflicting to the duties of the injury and disease of this case, it seems more reliable than the opinion denying such opinion, among the medical opinions that the Plaintiff had conflicting with each other on the work relations of the injury and disease of this case, it is deemed that the Plaintiff’s previous 6-7 side-side side-side side-side side-side side-side side-side side-side side-side side-side side-side side-side side-side side-side side-side side-side signboard-side side-side side-side side-side side-side side-side side-side side-side side-side side-side side-side-side side-side side-side side-side side-side side-side side-side side-side side-side side-side side-side side-side side-side side-side side-side side-side side-side side-side side-side side-party side-side side-party side-party side-party side-party side-party side-party side-party side-side side-party side-party side-party side-party side-party side-party side-party side side.

3) Therefore, the instant disposition based on a different premise is unlawful.

3. Conclusion

Therefore, the plaintiff's claim of this case shall be accepted for the reasons of its reasoning, and it is decided as per Disposition.

[Attachment]

Judges Hong Sung-ju (Presiding Judge)