The case reversing the judgment of the court below on the ground of misapprehension of legal principles, etc. as to occupational accidents, which recognized that he had caused death as a result of aggravation of chronic hepatitis B, which is an existing disease, due to the aggravation of the natural proceeding speed above the level of

[1] Article 4 subparagraph 1 of the Industrial Accident Compensation Insurance Act

Plaintiff (Law Firm Hanl, Attorneys Lee In-bok et al., Counsel for the plaintiff-appellant)

Korea Labor Welfare Corporation

Seoul High Court Decision 2003Nu20199 delivered on November 18, 2004

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

1. The judgment of the court below

Comprehensively taking account of the adopted evidence, the non-party, who is the husband of the plaintiff, was employed on January 3, 1994 in North Korea, Seoul, Inc. (hereinafter referred to as the "North Korea"), and was under physical or mental stress by carrying out heavy duties as stated in its reasoning. The non-party was diagnosed with alcohol liver on June 18, 194, and was diagnosed on July 29, 199. The non-party was diagnosed with B infection as a result of health examination on February 15, 200; the non-party was diagnosed with stress on the condition that the body of the non-party, who is the husband of the plaintiff, might suffer from exposure to B virus, and had been diagnosed with stress on February 15, 200; the non-party was diagnosed with liver-type hepatitis 4 independent from liver-type cancer disease; the non-party was diagnosed with stress on the condition that the non-party might have been infected with liver-type hepatitis-type hepatitis-type hepatitis-type infection-type mir infection.

Based on its findings, the lower court determined that there was a proximate causal relation between the Nonparty’s work and the death of the Nonparty, on the grounds that the Nonparty’s occupational accident is recognized, on the grounds that the Nonparty’s work and the death of the Nonparty, is recognized as a proximate causal relation, on the grounds that the Nonparty’s work and the death of the Nonparty was found to constitute occupational accident, on the following grounds: (a) as the transport leader of North Seoul, who was infected with hepatitis B, performed an excessive work, such as new walls, day-to-day vehicles, and delivery, in excess of 50 years old; (b) the accumulation of excessive stress and stress are accumulated; (c)

2. Judgment of the Supreme Court

However, it is difficult to accept the fact-finding and judgment of the court below for the following reasons.

The court below acknowledged that the non-party's excessive and stress on the basis of the result of the appraisal entrustment to the head of sexual organ who has been treated with alcohol infection could contribute to the rapid aggravation of hepatitis B at a natural progress speed. However, the head of sexual organ, etc. did not present all evidentiary materials therefor, and even according to the fact-finding itself of the court below, there is no clear basis for medical treatment as to the fact that excessive and stress are deemed to constitute an independent person who generates liver hepatitis B, liver cancer, or liver cancer, and according to the result of the appraisal entrustment to the head of Gangnam-gu Seongbuk Hospital, there is no scientific basis for the fact that the non-party can interfere with the immunity control function of the liver cells cells, thereby creating an environment where liver cancer is easily occurring. Accordingly, in order to conceal the causal relationship, there is no need to find the progress of the existing liver infection due to rapid and stress diseases and stress in the case of the non-party, and there is no evidence to find the progress of the process of the liver infection B beyond the existing liver, or there is no progress in the progress.

Nevertheless, in the case of the non-party, without any special reason, the overwork and stress rapidly aggravated maritis B, which is an existing disease, and led to the death of the non-party, and thus, the death of the non-party constitutes an occupational accident on the premise that there is a proximate causal relation between the non-party's work and death. In so determining, the court below erred by misapprehending the legal principles as to occupational accidents, or by misapprehending the legal principles as to occupational accidents, which affected the conclusion of the judgment.

3. Conclusion

Therefore, without further proceeding to decide on the remaining grounds of appeal, the judgment below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Young-ran (Presiding Justice)