1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

The reasons why the court should explain concerning this case are the same as the reasons for the judgment of the court of first instance except for the following modifications. Thus, this case shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The part "4.b. Judgment" (the 7th 11th th th th th th th th th th th th th th th th th th th th

Article 91-10 of the Industrial Accident Compensation Insurance Act provides that "in cases where it is deemed that the death was caused by pneumoconiosis, complication, or other causes related to pneumoconiosis" means that there exists a causal relationship between pneumoconiosis, complication, and death. In such cases, the causal relationship must be proved by the assertion of such causal relationship. However, such causal relationship does not necessarily have to be clearly proved by medical and natural science, and considering all the circumstances such as the worker's health condition, development circumstance, details of disease, treatment progress, etc., if there is a proximate causal relationship between pneumoconiosis and disaster, it shall be deemed that there exists a complication, etc. In such cases, even if the pneumoconiosis or complication is not the main cause of death, it shall be deemed that there exists a causal relationship even in cases where the death was caused by the rapid aggravation of the existing disease due to pneumoconiosis or complication (see, e.g., Supreme Court Decision 2002Du1292, Apr. 11, 2003).