2017Gudan62399 Revocation of Disposition of Non-approval for Medical Care

A person shall be appointed.

Korea Labor Welfare Corporation

June 14, 2018

August 16, 2018

1. On October 12, 2016, the Defendant revoked the Plaintiff’s disposition of refusal to grant medical care.

2. The costs of lawsuit are assessed against the defendant.

The order is as set forth in the text.

1. Details of the disposition;

A. From January 1, 1993, the Plaintiff: (a) from around 1993 to ○ Electric Co., Ltd. (hereinafter referred to as “○○ Electric Co., Ltd.”) ○○○○ (hereinafter referred to as “the instant workplace”); (b) applied for medical care benefits to Defendant on October 28, 201, on the ground that he was diagnosed on May 1996 as a person who retired around around 1996; and (c) he was not a blood relative after childbirth around 2001; (d) around October 2001; and (e) ** * * .* chronic chronic tymosis disease after being diagnosed on the hospital (hereinafter referred to as “the instant disease”).

B. On October 12, 2016, the Defendant confirmed that the injury and disease in this case occurred to the Plaintiff, but the Plaintiff was relatively young age than the age group of the instant injury and the period of service is shorter than about three years and three months, and the payment was less related to the instant injury and was due to physical payment, so it is difficult to say that the absorption rate was not high, and that the period of exposure to radioactive rays was less than three months, and it is difficult to say that the cumulative exposure was high. In addition, although the Plaintiff could have been exposed to benner claiming that it was used at the time of cleaning, it is possible to determine that the level of exposure was higher than that of the instant injury and disease as shown in the results of an epidemiological investigation, the Plaintiff was a large number of members of the Seoul Committee for Determination of the Occupational Disease and rendered a decision not to grant approval (hereinafter referred to as the “disposition”).

C. The Plaintiff filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but was ruled to dismiss the request for reexamination by the Industrial Accident Compensation Insurance Reexamination Committee on March 13, 2017.

[Ground of recognition] Unsatisfy, Gap evidence 1, 3 (including branch numbers), Eul evidence 6, the purport of the whole legal theory

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

Along with the fact that the Plaintiff’s work conducted at the instant workplace, X-V-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-S.

(b) Facts of recognition;

1) Plaintiff’s work experience, work contents, work environment, etc.

A) The Plaintiff, from January 1, 1993, worked as an employee in the production department in the instant workplace where the Plaintiff developed and produces electronic parts from around 1993, and retired on May 1, 1996.

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C) ----- - - - - - - - - - - - - - the original high school has carried out, without any special protective gear other than protective clothes and locks after entry, for about three months, X-Ly inspection operations (at least eight hours per week in the case of ordinary skills and employees, but where there are a lot of defective goods, the Plaintiff’s new employees, such as the Plaintiff, performed the removal operations during the assembly operations) and thereafter until retirement, for six days per week in the form of two (12 hours per week) or three (8 hours per week in the form of two (12 hours per week).

D) X-ray inspection work performed by the Plaintiff for about three months is to verify whether X - X-ray is normally connected to the south dam of the △△△○ inside of the △△○○ through a ray photographing. In many cases, two persons, including the Plaintiff, have performed a large number of defective products, and one of them has set up X-ray room, and one of them has set up X-ray room, and the other is to distinguish whether the relevant △△△△△△ is a bad good.

E) The removal work performed by the Plaintiff for about 3 years and 1 months is removal using finc, etc. of hot water, which is hot water, which was buried in the Blue House after payment. In the process of removal of payment, the Plaintiff was exposed to the finc, etc., which was used in the process of washing the lead and finc, which was incurred in the process of paying the Plaintiff’s clothes, and the Plaintiff did not work properly. The Plaintiff was exposed to the finc, which was used in the process of injecting the finc, which was the stage after the removal, and the finc, which was used in the process of injecting the Plaintiff’s clothes, without operating the equipment and the exhauster of the building, and the finc, which was the stage after the removal.

F) Since the instant place of business, 【○○” process is sold to another company in accordance with the restructuring of parts business, and does not exist at present.

2) The Plaintiff’s health status, etc.

A) The Plaintiff as a biological woman**,*.. There was no smoking, drinking, almost little alcohol, and there was no family history of malicious life, including the history of a disease or the malutical disease. The characteristics of the Plaintiff have no family history of malicious life including the malutical disease.

B) The Plaintiff first worked at the instant workplace immediately before the graduation from high school and then retired from the Plaintiff on 1996.* From around 1998 to around 199.* From around 198, the Plaintiff: (i) up to 199.

C) There was information that at least nine (9) persons, among workers working at each workplace of ○○ Electricity, suffered from or died from leuk blood disease by 2014.

3) Medical opinions

A) Plaintiff 1

(1) a statement of opinion

- Diagnosis : chronic chronic leuksissis;

- Diagnosis Date: September 25, 2001

- Future treatment dogs: Blood, thale, chrops, chromosome, genetic testing is diagnosed as the above malicious blood cancer and currently enforcing the grivec rck cancer law on a daily basis due to the characteristics of the disease; it is necessary to implement lifelong rhetorc rhetorc rhetorc rhetorc rhetorc rhetorc, to avoid excessive exercise, excessive work, etc.; and where there is no treatment effect in the rhetorc rhetorc rhetorc rhetorc rhetorc rhetorcian rhetorcian

(2) A work-related assessment statement;

- chronic leukosiss are divided into a forest composition and alley structure. The fact that chronic leukosiss only have been reported as a vocational sexual disease, and that the International Cancer Research Institute (IARC) announces to the human body bents, cryp, 1, 3-Bldiene, rubber production business, etc. with regard to cryposis diseases, such as leukosiss, which are adequate for human body evidence with regard to cryrosiss, cryroids, i.e., s., chronic leukosiss.

- Electric radiation: The period of service is somewhat short of three months, but there is a possibility of exposure to radiation at the time of non-destructive testing during the Plaintiff’s work. In particular, there is a possibility that the level of exposure might have been high due to the lack of awareness of hazards of electric radiation at the time when entering X-ray room without the awareness of hazards of electric radiation at the time.

- Organic solvents (ben et al.): The plaintiff was exposed to organic solvents contained in the bener while running the business of washing the equipment, etc. using the benner at the time of cleaning, and it is likely that the plaintiff might have been exposed to organic solvents exposed to the bener as the process of injecting the bener into the product is located in the nearby process and has been made in an open state in the early 190s, taking into account the early 190s, it is difficult to eliminate the possibility that benp might have been contained in the bener in the bener.

- Oildehyd: The Plaintiff’s neighboring process is likely to be exposed to spodehyd as a secondary product made from heat-resistant influoring influence. The possibility of occupational cancer cannot be ruled out on the ground that the electronic equipment is mainly exposed to spodehyd, the spode, the spode of which is a simple structure if the spode is used and the heat is exposed to the heat. As appropriate respiratory protective equipment and the skin protective equipment are not used, there is a high possibility of exposure through spode or skins of spode and spodedhyd, as blood cancer does not require a long-term diving in case of blood cancer compared to spoke cancer, and thus, it does not require a long-term diving in case of blood cancer.

- As a result of the diagnosis and treatment at this level, it was confirmed that it was diagnosed in 2001 with chronic thirrosiss. Since around three years and four months since 1993, X-A in the assembly process of electrical product manufacturers, which was exposed to X-A in the process of inspection, and the process of removal of lead, were exposed to the large number of organic solvents, and there was no red shielding or ventilation/stack, protective outfits, etc., as a result of taking into account the type of work and exposed materials, it is reasonable to determine that the disease at this case is an occupational quality disease.

B) Results of the epidemiological investigation by the Industrial Safety and Health Research Institute (hereinafter “Industrial Safety and Health Institute”)

- The result of the working environment measurement of ○○ Electricity cannot be confirmed as the documents during which the Plaintiff had worked are not kept due to the lapse of the legal preservation period.

- It is presumed that the cumulative exposure dose of alkhyds and be exposed to alkhyds and be exposed to alkhys, which might have occurred in the process of injecting for a period of three years, in which payment had been carried out excessively remaining after payment. It is determined that the cumulative exposure dose of alkhyds and be higher than the maximum of 045 pmys, alkys, which is likely to occur in the process of injecting for a limited time located around the Plaintiff’s work space. It is determined that the cumulative exposure dose of alkyds cannot be ruled out that additional exposure to be allowed to be exposed to be exposed to alkydys through the testimony of the Plaintiff and the East workers, and that the maximum cumulative exposure dose of alkyds could not be excluded from being exposed to alkys when conducting the inspection work, rather than the maximum cumulative exposure to 005m of 07m.7m.

- The fact that there are sufficient grounds for stimulhyd, iono radiation, rubber manufacturing business, etc. due to the working environment factors related to the Plaintiff’s disease, and that the relation with stimuls is reported to be related to stimuls. The maximum cumulative exposure quantity of stimulhd during the period of performing the assembly operation for three years is presumed to be 045 pmyr, 0297 pm - yrs for three months, the maximum cumulative exposure quantity of stimulhds is presumed to be 0297 pm -yr for three months, and X - for 0075mV/yms for 007mV/yms for which the maximum cumulative exposure exposure dose was presumed to be a very low level of exposure even if it was somewhat high. Thus, the Plaintiff’s disease of this case is judged to be lower in relation to the Plaintiff’s work.

C) Defendant’s advice

- It is confirmed that the outcome of an epidemiological investigation on the relevance of duties is low, and that the relevance of duties is found to be confirmed.

D) The commission of appraisal by this Court

(1)A blood department;

- chronic leuk blood diseases are suffering from malicious blood diseases in the process of making a leuk organ, and from 90% or more of the patients with helel chromosomes are increased due to an excessive increase of leuk blood cells and blood cells in blood, so that they can have chronic progress.

- There is little probability of being known as a cause of chronic leukosis, and a large quantity of radiation (e.g., the survivors of the atomic bomomomomomomoms, the survivals of the nuclear accident, and the survivals of the nuclear accident) are exposed to a large quantity of radiation, which is likely to increase the frequency of the outbreak. As the age increases, the risk of the outbreak increases as the age increases, and in general, smoking, exposure to chemical substances is not found to have a chronic leukosisy relationship.

- In the case of the plaintiff, it is hard to think that the period of exposure to work, ingredients, quantity, etc. are directly related to the cause and progress of the occurrence of the disaster.

(2) occupational environment department.

-The chronic leukosis is considered to have 1.5 persons per 100,000 U.S. general population and 0.55 persons per 100,000 in Korea. The frequency of male and female under the age is more likely to occur to male (2. 0: 1.2) and the chronic leukosis disease has increased rapidly by up to 40 people due to the increase of age, and there is a sudden increase in the first half due to the increase of age, and there is a chronic lelogal leukosis, which is proved to have been conducted by the her survivors after the aftermath of Guro, which is well known to have a chronic leuklogic leuklogic leuklogic virosis and a chronic leuklogic viral viral viral viral viral virosis and a chronic bal viral viral viral viral viral ty.

- It is not yet known about the cause of the leukemia, and it is suggested that various individuals' living habits, occupations, and environment exposure have been potential risk factors so far, so far. The causes and pipes of the leuk Blood disease have caused electric radiation, beeutron, bent, suldehyde, cell proliferation suppression suppression, etc., and other occupation-related risks are explained to the effect that smoking, electric radiation, crypology, and crypology are about 20% of the generation rate of the leukemia disease, and the remainder is not known.

- Although there is a report that the rate of death by overall cancer is high to the paid-in workers, it is not clear that the death rate is high.

- The ion radiation is the first-class rock, which is related to the occurrence of the high-class cancer and ballast blood disease, and in this regard, it is concerned with the employees of the Clean Group and the employees of nuclear related industries, the medical application of radiation lines, and the exposure to non-nuclear radiation in the event of the clean electric power plant accident, and the capacity - the reaction relationship is not consistent, and there is controversy that the risk of the clean disease caused by the exposure to ion of radioactive rays by employees of general industries is not due to statistical attention.

- Organic solventss, in particular, be shown through industries, occupations, exposure risk, and exposure risk, among chemical substances, benchosiss, the relationship between the benchosis and the benchosis is shown through the benchosis, and the benchological feasibility of the benchological role is derived from the toxicity that works on all lecinant diseases and the stem cell or the benary cells cells in which related diseases occur, and this toxicity effect results from a low level of bench exposure, while in the study on the relationship between bench exposure and the benchosis, there is a high level of research well controlled in the study on the quality of the study, the evaluation of exposure, but it shows significant increase in the results of the benchological analysis, but support the relationship between the occupational exposure of gender and the chronic benchosis and the risk of the benchosis.

- There is a room for controversy over the relationship between the exposure to Madehyde and the lethal disease. In the early study, however, according to the recent systematic analysis and metathal analysis on the research of Madehyde-related Mahyde-related Mahyde-related Mahyde-related Mahyde-related Mahyde-related Mahyde-related Mahyde-related Mahyde-related Mahyde-related Mahyde-related Mahyde-related Mahyde-related Mahyde-related Mahyde-related Mahyde-related Mahyde- Mahyde- Mahyd Mahyde- Mahyd Mahyde-sad Mahyde-gu, and several possible mechanisms were suggested as a result of the examination of human evidence on the cancer

- The possibility of the outbreak of the Aquatic White Blood disease is likely to occur when exposed to the Ethical radiation, beeutron, beeutron, and beeutal sulphal sulphyde, but there is no study on the possibility of the exposure when exposed to the chronic leutal typhal typhal typhoids clearly, but there is no controversy over the possibility of the multiple exposure to these substances. However, it is reasonable to view that the strong impact on the exposure of a generally harmful chemical can be added or risen. Furthermore, in the case of exposure to a compositely harmful chemical, it is related to the Ethical typhal typhy, beeutism, and culphal typhal typhal typhomy, etc., the combined exposure would have a greater impact on the exposure.

- With the exception of exposure factors in occupation and work, it is not possible to find out the causes of chronic leuk tymal typhosiss to the Plaintiff in the medical record.

- Organic solvents, in particular, is shown through an industry, occupational category, exposure risk, among chemical substances, that shows that benent benchosis is a bench-related bench-related bench-related cench-related cench-related cench-related cench-related cench-related cench-related cench-related cench-related cench-related cench-related cench-related cench-related cench-related cench-related cench-related cench-related cench-related cench-related cench-related cench-related cench-related cench-related cench-related cench-related cench-related cench-related cench-related cench-related cench-related cench-related cench-related cench-related.

- It is difficult to determine the relationship between the occurrence of chronic thirrosis disease due to the quantity of working hours (the shift work and the work between two and three times per week). However, it is difficult to see that the shift / night work may affect the progress after the outbreak of the same hemmun disease due to the effects of immunity. However, it is difficult to see that the Plaintiff’s chronic tyrosis disease occurred to the Plaintiff from January 1, 1993 where he was 20 years of age to May 1, 1996 when he was engaged in the instant business establishment after he was under 28 years of age after he was under 201 *** * * * 10 years of age since he was diagnosed by a hospital and was under the diagnosis of the hospital, thereby affecting the progress of the disease.

[Ground of recognition] The above macroscopic evidence, evidence Nos. 2, 4, 6, 7 (including number Nos. 2, 6, 7 (including number No. 1), Eul evidence Nos. 1 through 5 (including item No. 1) of this court, the result of the commission to send documents to the director of this court, the medical corporation of this court** again * the results of each appraisal commission to the director of Seoul Medical Center, the purport of the entire pleadings.

C. Determination

산업재해보상보험제도는 작업장에서 발생할 수 있는 산업안전보건상의 위험을 사업 주나 근로자 어느 일방에 전가하는 것이 아니라 공적 ( 公的 ) 보험을 통해서 산업과 사 회 전체가 이를 분담하고자 하는 목적을 가진다 . 이 제도는 간접적으로 근로자의 열악 한 작업환경이 개선되도록 하는 유인으로 작용하고 , 궁극적으로 경제 · 산업 발전 과정 에서 소외될 수 있는 근로자의 안전과 건강을 위한 최소한의 사회적 안전망을 제공함 으로써 사회 전체의 갈등과 비용을 줄여 안정적으로 산업의 발전과 경제성장에 기여하 고 있다 . 전통적인 산업분야에서는 산업재해 발생의 원인이 어느 정도 규명되어 있다 . 그러나 첨단산업분야에서는 작업현장에서 생길 수 있는 이른바 ' 직업병 ' 에 대한 경험 적 · 이론적 연구결과가 없거나 상대적으로 부족한 경우가 많다 . 첨단산업은 발전 속도 가 매우 빨라 작업장에서 사용되는 화학물질이 빈번히 바뀌고 화학물질 그 자체나 작 업방식이 영업비밀에 해당하는 경우도 많다 . 이러한 경우 산업재해의 존부와 발생 원 인을 사후적으로 찾아내기가 쉽지 않다 . 사업장이 개별적인 화학물질의 사용에 관한 법령상 기준을 벗어나지 않더라도 , 그것만으로 안전하다고 단정할 수도 없다 . 작업현장 에서 사용되는 각종 화학물질에서 유해한 부산물이 나오고 근로자가 이러한 화학물질 등에 복합적으로 노출되어 원인이 뚜렷하게 규명되지 않은 질병에 걸릴 위험이 있는 데 , 이러한 위험을 미리 방지할 정도로 법령상 규제 기준이 마련되지 못할 수 있기 때 문이다 . 또한 첨단산업분야의 경우 수많은 유해화학물질로부터 근로자를 보호하기 위 한 안전대책이나 교육 역시 불충분할 수 있다 . 이러한 점을 감안하여 사회보장제도로 사회적 안전망의 사각지대에 대한 보호를 강화함과 동시에 규범적 차원에서 당사자들 사이의 이해관계를 조정하고 갈등을 해소할 필요가 있다 . 산업재해보상보험제도는 무과 실 책임을 전제로 한 것으로 기업 등 사업자의 과실 유무를 묻지 않고 산업재해에 대한 보상을 하되 , 사회 전체가 비용을 분담하도록 한다 . 산업사회가 원활하게 유지 · 발전하 도록 하는 윤활유와 같은 이러한 기능은 첨단산업분야에서 더욱 중요한 의미를 갖는 다 . 첨단산업은 불확실한 위험을 감수해야 하는 상황에 부딪칠 수도 있는데 , 그러한 위 험을 대비하는 보험은 근로자의 희생을 보상하면서도 첨단산업의 발전을 장려하는 기 능이 있기 때문이다 . 위와 같은 이해관계 조정 등의 필요성과 산업재해보상보험의 사 회적 기능은 산업재해보상보험의 지급 여부에 결정적인 요건으로 작용하는 인과관계를 판단하는 과정에서 규범적으로 조화롭게 반영되어야 한다 . 산업재해보상보험법 제5조 제1호가 정하는 업무상의 사유에 따른 질병으로 인정하려면 업무와 질병 사이에 인과 관계가 있어야 하고 그 증명책임은 원칙적으로 근로자 측에 있다 . 여기에서 말하는 인 과관계는 반드시 의학적 · 자연과학적으로 명백히 증명되어야 하는 것은 아니고 법적 · 규범적 관점에서 상당인과관계가 인정되면 그 증명이 있다고 보아야 한다 . 산업재해의 발생원인에 관한 직접적인 증거가 없더라도 근로자의 취업 당시 건강상태 , 질병의 원 인 , 작업장에 발병원인이 될 만한 물질이 있었는지 여부 , 발병원인 물질이 있는 작업장 에서 근무한 기간 등의 여러 사정을 고려하여 경험칙과 사회통념에 따라 합리적인 추 론을 통하여 인과관계를 인정할 수 있다 . 이때 업무와 질병 사이의 인과관계는 사회 평균인이 아니라 질병이 생긴 근로자의 건강과 신체조건을 기준으로 판단하여야 한다 ( 대법원 2004 . 4 . 9 . 선고 2003두12530 판결 , 대법원 2008 . 5 . 15 . 선고 2008두3821 판 결 등 참조 ) . 위에서 보았듯이 첨단산업분야에서 유해화학물질로 인한 질병에 대해 산 업재해보상보험으로 근로자를 보호할 현실적 규범적 이유가 있는 점 , 산업재해보상보험 제도의 목적과 기능 등을 종합적으로 고려할 때 , 근로자에게 발병한 질병이 이른바 ' 희 귀질환 ' 또는 첨단산업현장에서 새롭게 발생하는 유형의 질환에 해당하고 그에 관한 연구결과가 충분하지 않아 발병원인으로 의심되는 요소들과 근로자의 질병 사이에 인 과관계를 명확하게 규명하는 것이 현재의 의학과 자연과학 수준에서 곤란하더라도 그 것만으로 인과관계를 쉽사리 부정할 수 없다 . 특히 , 희귀질환의 평균 유병율이나 연령 별 평균 유병율에 비해 특정 산업 종사자 군 ( 群 ) 이나 특정 사업장에서 그 질환의 발병 율 또는 일정 연령대의 발병율이 높거나 , 사업주의 협조 거부 또는 관련 행정청의 조 사 거부나 지연 등으로 그 질환에 영향을 미칠 수 있는 작업환경상 유해요소들의 종류 와 노출 정도를 구체적으로 특정할 수 없었다는 등의 특별한 사정이 인정된다면 , 이는 상당인과관계를 인정하는 단계에서 근로자에게 유리한 간접사실로 고려할 수 있다 . 나 아가 작업환경에 여러 유해물질이나 유해요소가 존재하는 경우 개별 유해요인들이 특 정 질환의 발병이나 악화에 복합적 · 누적적으로 작용할 가능성을 간과해서는 안 된다 ( 대법원 2017 . 8 . 29 . 선고 2015두3867 판결 참조 ) .

In light of the above legal principles by comprehensively taking account of the following circumstances revealed through the above facts and macroscopic evidence, the Defendant’s disposition of this case was unlawful even if proximate causal relation between the Plaintiff’s work and the injury and disease of this case was recognized on different premise, since it is presumed that the Plaintiff’s continuous exposure to the workplace of this case together with other factors, such as Plaintiff’s physical constitution, etc., caused the injury and disease of this case, or caused the acceleration of the outbreak thereof.

1) The Plaintiff was exposed to radioactive rays, which is a cancer, in the course of performing the duty of inspection of X-ray for about 3 months. In addition, in the course of removing the lead for about 3 years and 1 months, the Plaintiff used a newner, which appears to be included in beegy while washing △△△, production equipment, etc., and the Plaintiff was not a small-scale business directly performed by the Plaintiff. However, even if the structure of the workplace itself does not directly engage in the work, it seems that the hazardous chemicals generated from the process of injecting in the course of injecting and in the process of injecting in the width, are continuously exposed to bee and scardehyd, etc.

2) Even though the numerical value of each rock material presumed in the mountain smoke is within the scope of exposure standards, there is a possibility of health disorder if workers are exposed for a long time. In addition, the exposure standards of harmful factors are premised on the case where the relevant harmful factors exist independently, and there is a high possibility that the risk of the occurrence of a disease may increase because the harmful factors cause rise each other in a case where the relevant harmful factors are exposed in multiple harmful factors.

3) At the time of the instant epidemiological investigation, there was a certain limit to grasping the working environment at the time of the Plaintiff’s work because the Plaintiff was in a situation where the business, such as assembly process, which the Plaintiff worked, was sold to another company and did not exist. Furthermore, the instant epidemiological investigation was presumed based on the measurement value at the place of business where the business was conducted similar to the Plaintiff’s work performed by the Plaintiff. The evidence submitted by the Plaintiff alone is insufficient to find that the working environment at each place of business is similar, unless there is any evidence to acknowledge otherwise, the presumption of the exposure level at the place of business of this case, based on the measurement value at the place of business where the Plaintiff was engaged in the business similar to the Plaintiff’s work performed by the Plaintiff, cannot be readily determined as the exposure level at the time of the Plaintiff’s absence.

4) Furthermore, the Plaintiff was exposed to heavy metal lead, etc. while performing the duty of removing lead. Although there is no medically clear proof on the fact that a chronic thirrosis may occur when being exposed to lead, it is clear that lead, etc. is harmful to the human body, and the possibility that a chronic throsis disease was caused by such substances cannot be ruled out.

5) The Plaintiff appears to have no particular health disorder before he works in the instant workplace, and there is no genetic, sick, or family capacity related to the leuk line. The instant accident occurred around 26 years of age, where the Plaintiff worked in the instant workplace for a considerable period of time and reached much more than the average age of the Republic of Korea after his retirement.

6) If the rate of white blood disease occurring in semiconductors’ workplace, which may be deemed similar to the instant workplace, is a flexible higher level than the average outbreak rate of Korea’s entire age group or the average outbreak rate of age group similar to the Plaintiff, such circumstance may also be deemed as favorable circumstances to recognize the proximate causal relationship between the Plaintiff’s work and the disease.

3. Conclusion

If so, the plaintiff's claim is accepted on the ground of the reason.

Judge Scarb