The case reversing the judgment of the court below on the ground that there is a violation of the rules of evidence or an incomplete hearing on the ground that it is reasonable to presume that the hepatitis B was caused by the deceased's occupational drinking aggravated rapidly due to the speed above the natural progress.

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

Plaintiff 1, et al., the party taking over the lawsuit of the deceased Nonparty

Korea Labor Welfare Corporation

Busan High Court Decision 2004Nu1797 delivered on December 24, 2004

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

We examine the grounds of appeal.

1. The lower court acknowledged the following facts by comprehensively taking account of the adopted evidence.

A. Details and work environment of the deceased Nonparty (hereinafter referred to as “the deceased”)

(1) From August 18, 1983 to February 29, 1988, the deceased started working as the Medical Center of the Busan Medical Center, and from May 198 to May 29, 198, he was working as the officer in charge and assistant at the hospital located in the Busan Bluandong-dong, and from January 15, 1993, from the Sejong Pluan-dong trigram-dong located in the Busan Northerndong-gu trigram-dong, to the officer in charge, and from January 18, 1996 to the officer in charge, from the officer in charge and the director in charge at the level of the Pluan-dong-dong at the bottom of the Busan Medical Center; from around February 18, 1997 to the Busan Medical Center, the manager in charge was working as the officer in charge from the Pluan-dong in charge at the level of the Pluan-dong in Busan Metropolitan City, to the health care worker from the 10th to the 10th 19th 1.2.

(2) In the above specific type medical clinic, 1, 1, 3, the assistant nurse, 3, the deceased, 1, 3, 1, 1, 1, 3, and 10, such as the president, 3, 3, 3, 3, 3, the nurse, 1, and 10, such as the deceased, and 10, were assigned to the above specific type medical clinic. The above specific type medical clinic had 23 patient beds, 3, 1, 3, 3, 1, 3, 3, 3, the nurse, the deceased, and 2, such as the above tear, were assigned to the above hospital, and there was no change in the size of the deceased and 2, such as the deceased and 2, who had worked as the staff of the above military hospital. From around 18, 196, there was no change in the size of the hospital.

(3) The deceased, as well as general administrative affairs, such as requesting the payment of medical expenses, such as various consumables, pharmaceutical products and medical instruments, purchase of industrial accident patients, and medical equipment, and issuance of medical certificates, etc., and the management of employees, and the maintenance and repair of various facilities of the hospital. In order to induce patients, promote hospital promotion, and facilitate the performance of the duty of requesting payment of medical expenses, personal taxi, industrial cooperatives, insurance companies, and medical expenses payment agencies, etc. were 4-5 times a month and 4-5 times a month in contact with them. However, in an irregular manner, the deceased and the hospital employees were expressed at least once a week.

(4) The deceased’s ordinary working hours were from 09:0 to 19:00, and the first 3 to 4th day of each month on which the claim for medical expenses, such as medical expenses, was filed, were engaged in night duty for the organization of medical records and the preparation of a written claim for medical expenses from 22:00 to 22:00. At the time of a sudden situation, such as the occurrence of emergency of inpatientss, etc., the president was sent out and night duty was conducted mainly for the hospital’s expenses. On November 2001, the deceased’s ordinary working hours were approximately 3 days per week prior to the employment of a new night worker from the unit of the off-ced off-ced off-ced off-ced off-ced off-ped off-ped-ped-ped-ped-ped-p-p-p-

B. The deceased’s health condition, etc.

(1) On April 1984, the Deceased was diagnosed with B in charge of safety management, transfer, access control, etc. of patients at the Busan Medical Center. From October 11, 1986 to November 27, 1986, and from November 5, 1987 to December 21, 1987, the treatment was completed two times after being hospitalized at each of the Busan Medical Center and received outpatient treatment, and no special measure was taken such as receiving regular health examination.

(2) On July 30, 2001, the Deceased was diagnosed as urology, high blood pressure, and maritis B from the clinic of Kimsung on the condition that he was diagnosed as urology, pharmacologic, etc. From February 26, 2002, the Deceased was diagnosed as 'livers, grammatics, and marropic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic.

(3) The Deceased’s once drinking volume was 10 illness per week, and the amount of smoking was 1 cigarette per day.

C. Medical opinions, etc. on the instant injury and disease

(1) Results of physical examination on the director of Busan National University Hospital

A) The factors of the outbreak of liver cancer are the most important factors in Korea, with respect to the liver infection B or B, and following the fact that liver infection C is an important factor (dissceptic factors).

B) In Korea, in particular, adult-type B infections from the mother body (referring to the case where the mother is infected with the son when the mother is holding the hepatitis B virus), and the following is adults, and it is an important route of light-pact infection (referring to the case where the knife is carried out by drilling the skin, i.e., the increase in the number of blood contaminated with the virus, e.g., the knife) and sexual contact with the patient sufferings. If the deceased was to handle the blood of the patient as nursing assistant or handle the apparatus, etc. where blood is stored, it is probable that the deceased might be infected with B-type hepatitiss.

C) The process of the aggravation of hepatitis B, i.e., hepatitis B, where there is no symptoms at present and the function of the liver is neglected to treat a normal person, may be taken through the process of the aggravation of hepatitis, the implementation to the liver cirrosis, and the occurrence of liver cancer due to natural progress. The continuous drinking becomes a factor that deteriorates infection, and even though there is a possibility that the cirrosis may deteriorate the liver infection, it is determined that the natural progress may have a greater impact on the cirrosis. In general, when the chronic hepatitis B continues for a long time, it can be the cause of the cirrosis by itself or by c

(2) The defendant adviser(s)(s) for the defendant's adviser(s)(s)

Although the cause of liver cancer is diverse, in Korea, it is known that there is an important reason between B and B, and it is not recognized that it was caused by the patient's stress or excess, and in the case of liver infection caused by drinking alcohol, it is possible to cause severe pain, so the part recognized as drinking experience of the deceased is weak, and therefore, it is judged that the liver cancer of the deceased is most closely related to B-type hepatitis or liver infection.

(c) inside the fire extinguisher of Busan White Hospital annexed to the Indones University and corrective name of professor;

Although the cause of liver cancer functions as a various and complex element, such as drinking, smoking, virus infection, and liver infection, and it is difficult to discover a single cause by 80% of liver cancer patients, it is difficult to recognize the causal relationship between the occurrence of liver cancer due to physical, mental stress. As in the case of the deceased, alcohol, overwork, stress, etc. in the hepatitis B may have worked as an bad person. Although it is known that the progress of liver infection and liver cancer is from the chronic liver infection B in the natural progress of hepatitis B, it is not possible to uniformly determine how to occur at any time, and in this case, alcohol or physical stress is presumed to have a bad influence, but it is not known that there is no actual influence.

(iv)the Korean Medical Association;

A) The progress of hepatitis B is due to the exposure to hepatitis B, which causes liver infection, and the generation of liver and liver cancer is fundamental, and there is no medical basis for occupational course and stress itself to generate or deteriorate hepatitis B, liver liver, and it is the natural progress of chronic hepatitis B.

B) From among those infected with hepatitis B, a person who continues drinking in damply, has reported that the existing hepatitis B becomes worse rapidly over nature, and the occurrence of liver cancer becomes rapidly worse for about 10 years, compared to those who do not so, and that Smoking is known to have a higher rate of death due to liver cancer compared to those who have not smoked.

(5)The Korean Telecommunication Association;

A) The ratio of liver and liver cancer progress from adults diagnosed with chronic hepatitis B is 9%, 2.7% after the lapse of five years, respectively. 23%, 11%, 36% after the lapse of ten years, 25%, 48%, and 35%, respectively. The ratio of liver cancer generated from adults diagnosed with liver infections due to liver infections is 13% after the lapse of five years, 27% after the lapse of ten years, and 42% after the lapse of 15 years.

B) Among the factors that deteriorate the hepatitis B, the factors in the aspect of human body are as follows: (i) when the hepatitis continues for a long time; (ii) when the hepatitis frequently occurs; (iii) when the infections overlap with other viruses or germs; (iv) when the infections overlap with others; (v) when the harmful substances are exposed; and (vi) in terms of viruses, the quantity of the virus and the appearance of the virus are known as worse.

(6) Results of inquiry about the director of Busan University Hospital

A) The main cause of the liver cancer in Korea is caused by chronic B virus infections, and generally caused liver cancers (80 to 90 per cent) when chronic hepatitiss have elapsed, but in some cases, it is possible to generate liver cancers even in chronic B infections.

B) A large amount of antipulmonary or toxic substances in the body, subject to excessive, excessive, or stress, may affect the immunity function of human body. In particular, in the case of excessive alcohol itself, the nature of hepatitis B may deteriorate due to the toxicity of alcohol itself.

(7) The result of the fact-finding on the director of the Busan White Hospital annexed to the Indones University

A) On February 21, 2002, the Deceased had a 3.5cm x 2.6cm cm x 2.6cm mar. From 1984, the Deceased was infected with B-type hepatitis. In the case of the Deceased, the Deceased was basically accompanied by B-type chronic infection or liver infection due to long-term infection of B-type hepatitis virus, and there was a liver cancer in the state of disease.

B) It is well known that the chronic hepatitis B is proceeding with the liverosis and can eventually lead to the liver cancer. Although it is well known that excessive, excessive, stress, etc. may cause harm to the human immunodeficiency condition, it is not confirmed that certain degree of stress may have an impact on a certain degree. However, in the case of alcohol, it is known that the alcohol itself is accompanied by the toxicity, and thus, it can be accompanied by the liver or Type C infection.

2. Based on the above factual basis, the deceased is presumed to have aggravated hepatitis B, which is an existing disease, and thus led to the injury and disease of this case. Although the deceased does not seem to have been infected with hepatitis B due to occupational reasons, the injury and disease of this case occurred after a long period of 18 years from the time he was infected with Category B, and even though the deceased knew that he was infected with hepatitis B, the deceased did not have to reach his own health care, it is recognized that the above facts can be known from the above facts. In other words, the deceased's head of the prime division from the time of opening the hospital, the hospital, and the necessity of attracting patients, etc., and the deceased's occupational contact with the outside person caused by his occupational disease, and where the deceased's employees and drinking rapidly meet with the deceased's occupational condition, and thus, the deceased's physical harm and toxicity of the deceased's body are deemed to have been aggravated as a result of dystrophy and strophy, and the deceased's physical harm and toxicity of the deceased's body.

3. However, it is difficult to accept the above determination by the court below in the following respect.

A. According to Gap evidence Nos. 4, 5, and 6 employed by the court below, the results of the physical examination commission to the head of the Busan University Hospital at the first instance court, and the results of the fact-finding on the head of the Busan University Hospital affiliated with the original court, etc., medically, it is difficult to recognize that the current medical opinion of the court below is likely to have adverse effects on human immunity due to overwork or stress, and it is difficult to find out that there are 200 hours of duties and records on the deceased and 2050 of duties (see, e.g., Supreme Court Decision 200Du25320, Feb. 25, 2005), in order to estimate the causal relationship with those of the deceased, in exceptional cases where there is no proof of overwork or stress, and continuous drinking is likely to accelerate the liver patients, and even according to the results of the fact-finding on the head of the Busan University Hospital at the original court's Busan University.

B. The court below held that, according to the evidence No. 15-1 to No. 337 (Receipt of Entertainment Expenses) employed by the court below, it is difficult to view that the deceased's employees, who had been employed by the head of the original affairs division from January 2001 to February 2002, had frequently engaged in an occupational contact with outside personnel or a business accompanied by drinking, due to the need for promotion of hospital information and attraction of patients, etc., as well as that there was a kind of occupational interview with the hospital employees accompanied by drinking. Thus, it is difficult to view that the deceased's employees, who had been employed by the director of the original affairs division, were rapidly aggravated above the natural progress due to frequent drinking and physical surgery accumulated in the above inevitable business, but it is difficult to see that the deceased's employees did not have any relationship with the hospital employees, such as the average number of times of drinking at least 100,000 won from the hospital employees to the hospital employees, including those who had been employed by the director of the hospital.

In addition, according to Gap evidence Nos. 3 (the deceased's questionnaire) and evidence Nos. 17 (the Statement of Maximum Amendment), etc., employed by the court below, the sales in 2002, which was caused by the death of the deceased, led to the decline of 150 million won compared to the previous year, and the sales in 2002, which was caused by the death of the deceased, was eventually discontinued by the patient's sudden reduction during the period from May 6, 2003. However, it is difficult to believe this as it is, and therefore, it is difficult for the court below to determine which level of drinking was inevitable in the course of the deceased's business after examining what degree of drinking was necessary for the purpose of attracting patients or promoting hospitals, etc.

Meanwhile, according to the facts found by the court below, the proportion of adults diagnosed with chronic hepatitis B was 36% and 25% after the 15-year period, respectively, and the rate of liver cancer generated from adults diagnosed with liveral disease was 13% after the 5-year period, 10% after the 10-year period, and 27% after the 10-year period, and the fact-finding with the head of the Busan Y Hospital affiliated with the NF Hospital by the court below. According to the fact-finding with the result of the fact-finding with the Mayor of the NF Hospital affiliated with the NF Hospital, the deceased developed into 18 years after the diagnosis of liver, and was accompanied by the chronic hepatitis and liveral disease, and the deceased did not pay attention to health care with the knowledge that her was a patient with hepatitis B, even if her alcohol was inevitable in the course of performing her duties. Therefore, the court below should carefully examine whether the deceased's existing disease, which caused the death's disease, rapidly aggravated or liver.

C. Therefore, the judgment of the court below is erroneous, which affected the conclusion of the judgment, by misunderstanding the legal principles as to proximate causal relation in occupational accidents or failing to exhaust all necessary deliberations in violation of the rules of evidence, and the ground of appeal pointing this out is with merit.

4. Therefore, 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 Kang-won (Presiding Justice)