1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The proximate causal relation between the work and the death for recognition of occupational death under the Industrial Accident Compensation Insurance Act as a result of the judgment of the first instance court does not necessarily have to be clearly proved in medical or natural science. Considering all the circumstances, even if there is a proximate causal relation between the work and the death, if it is presumed that there is a proximate causal relation between the work and the death, it shall be deemed that occupational accident if it is possible to presume work personality based on an indirect factual basis, etc. based on which the most reasonable reasonable explanation can be given under the empirical rule, even if there is no direct evidence as to the cause of the disaster. Furthermore, as long as proximate causal relation is acknowledged even if the medical malpractice in the course of treating the injury or disease caused by occupational accident, or died due to the side effect of medicine or treatment method, it shall be deemed that the occupational death was recognized as well, and even if there is no such proximate causal relation between the above medical malpractice, medicine or treatment method and the death, the above legal principles as seen earlier are applied (see Supreme Court Decision 2002Du13055, May 30, 200003).