The case reversing the judgment of the court below which judged that the death of the deceased constitutes an occupational accident on the grounds that drinking of excessively, stress, and work has rapidly aggravated the hepatitis B at a natural proceeding level and caused the death of the deceased, on the grounds that the death of the deceased was in violation of the rules of evidence

[1] Article 4 subparagraph 1 of the Industrial Accident Compensation Insurance Act, Article 39 of the Enforcement Rule of the Industrial Accident Compensation Insurance Act

Plaintiff

Korea Labor Welfare Corporation

Seoul High Court Decision 2004Nu2419 delivered on November 25, 2004

The judgment below is reversed and the case is remanded to Seoul High Court.

1. Fact-finding and judgment of the court below

The court below, based on the adopted evidence, found the deceased as a whole, who was employed on September 15, 1981 in the third Y architect office and was subject to physical and mental stress as stated in its reasoning; on the other hand, the deceased was a holder of virus B around September 18, 1984; chronic liver infection B around November 6, 1989; chronic liver disease and early liver disease around July 2, 1992; chronic liver disease and early liver disease around November 13, 1998; 10.16. 200; 2.2.2.2.2.2.3.2.2.2.2.2.2.2.2.3.2.3.200, the deceased died from liver cells; 6.2.3.2.2.2.2.2.2.2.2.2.2.2.2.3.3.3.3.3.2002.

In addition, based on its findings, the lower court determined that, while performing semiconductor factory design work, the deceased was unable to take a proper leave while performing his/her duties, and continued to work for an excessive extension or holiday work, such as 14 hours in daily work and 7 hours in Saturdays and Sundays, and that he/she had worked abroad. Furthermore, from July 15, 1999, the deceased was working at a new site of Samsung Ethththical YLD as well as semiconductor factory design work in addition to semiconductor factory design work, he/she performed their duties with public offices, related enterprises, etc., without any choice, by being able to take care of the deceased’s mental stress due to his/her occupational fault and stress, and thus, he/she was diagnosed by the deceased for an early three years after his/her death, and thus, he/she was diagnosed of the deceased’s occupational stress due to his/her death during his/her work, and was diagnosed by his/her occupational stress and mental stress during his/her work, and was diagnosed by his/her early 1,000.

2. The judgment of this Court

We cannot accept the above fact-finding and decision of the court below for the following reasons.

A. As to whether overwork and stress have rapidly aggravated hepatitis B at a natural proceeding speed or above

The lower court determined that, based on the results of the fact-finding conducted by the Deceased Hospital until the time of the deceased’s death, it could contribute to the aggravation of the eromatic and stress infection B. However, while the head of Samsung Seoul Hospital did not present evidentiary materials on the results of the fact-finding conducted by the Head of the Seoul Hospital, the fact-finding conducted by the Chief of the Seoul Hospital and the Korean Medical Association on Occupational Disease Criteria related to the Occupational Diseases did not have any medical or scientific evidence that the eromatic and stress caused the eromatic, eromatic, and liver cell cancer or aggravated the eromatic, and further, according to the fact-finding conducted by the Chief of the Seoul National University Hospital, the progress from B-type hepatitis to the eromatic and liver cell cancer is the natural progress of hepatitis B, and there is no other evidence to deem that the progress from B-type hepatitis to the eromatic and liver cell cancer has gone through a natural process different from B-type hepatitis or that there is no rapid progress beyond the eromatic or aggravated progress of B-type.

Nevertheless, without any special reason, the results of the inquiry into Seoul National University Hospital Head and the criteria for recognition of occupational diseases related to the diseases. The results of the inquiry into the Samsung Seoul National University Head, trusting the results of the fact-finding on the deceased, led to the death of the deceased by accelerating the chronic hepatitis of the deceased rapidly above the natural progress speed and causing the death of the deceased, thereby causing the death of the deceased as a occupational accident on the premise that there is a proximate causal relation between the work and the death of the deceased. Thus, the fact-finding and judgment of the court below that the deceased's death constitutes an occupational accident is erroneous by misapprehending the legal principles on the selection of evidence or failing to exhaust all necessary deliberations, which affected the conclusion of the judgment.

B. As to whether drinking caused by work makes a sudden aggravation of b chronic infection above the natural running speed

According to the records, drinking may be a factor that causes or worsens diseases, such as chronic hepatitis B, liverosis, and liver cell cancer. From July 15, 1999, the deceased was dispatched to the new site of Samsung electronic YYD factory from around July 15, 199 and the main tasks assigned to the chief of the office of appointment or the head of the department are semiconductor factory design duties and government offices and related companies are incidental duties, and they have drinking alcohol for contact in the course of performing duties, such as adjustment of duties, etc. with the public offices and related companies. The deceased had already been chronic liver and early livers around July 2, 1992. At the time of November 13, 1998, the deceased had continued health management due to drinking and smoking, etc.

Nevertheless, the fact-finding and judgment of the court below that the deceased drank alcohol to the extent that they would rapidly deteriorate chronic livers, livers, and liver cells at a natural progress beyond the natural progress rate, are erroneous in the misapprehension of the law regarding the selection of evidence or failing to exhaust all necessary deliberations, which affected the conclusion of the judgment.

3. Conclusion

Therefore, without further proceeding to decide on the remaining grounds of appeal, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Yong-woo (Presiding Justice)