In a case where a private person is not certain, the case affirming the court below's measure that the death of a worker cannot be presumed to be caused by his/her work, even if the death occurred during his/her work.

In a case where a private person is not certain, the case affirming the court below's measure that the death of a worker cannot be presumed to be caused by his/her work, even if the death occurred during his/her work.

Article 26 of the Administrative Litigation Act / Article 3 (1) of the Industrial Accident Compensation Insurance Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Dong-young et al., Counsel for plaintiff-appellant-appellant-appellee)

Plaintiff

the Head of the Office of Government Regional Labor

Supreme Court Decision 88Nu5037 Delivered on October 23, 1990

Seoul High Court Decision 90Gu19789 delivered on May 9, 1991

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

According to the reasoning of the judgment below, in order to receive bereaved family's benefits, etc. under the Industrial Accident Compensation Insurance Act, the court below rejected the plaintiff's claim seeking revocation of the land's determination of this case on the ground that there is no evidence that the non-party, who is the plaintiff, was in a state of excessive work at the time, or his death was in a state of proximate causal relation with his duties, or that there is no clear causal relation with his death in this case, for the purpose of receiving the bereaved family's benefits, etc. under the Industrial Accident Compensation Insurance Act, the death should be recognized as a death in the course of performing his duties, and for the recognition of the death in the course of performing his duties, there is a proximate causal relation between his duties and the death. In this case, the non-party, who is the plaintiff, was in a state of excessive work at the time, and the death is not presumed to be due to his duties

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Jae-sung (Presiding Justice)