207Guhap25022 Revocation of revocation of the payment of bereaved family's benefits, etc.

00

Korea Labor Welfare Corporation

January 9, 2008

February 27, 2008

1. On April 23, 2007, the defendant revoked the disposition of bereaved family benefits and funeral site pay to the plaintiff on April 23, 2007.

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

The order is as set forth in the text.

1. Details of the disposition;

The following facts may be acknowledged in the absence of dispute between the parties, or by integrating the whole purport of the pleadings in each entry of Gap evidence 1 to 5 and Gap evidence 8:

A. On July 1, 200, the Deceased was employed by Non-party company as a dental technician, and worked as a dental technician on October 23, 2006. On October 23, 2006, the Deceased was scheduled to work at around 30 and returned to the hospital after receiving medical treatment because of A’s own high-tension symptoms occurred. However, on the same day, at around 12:00 again high-tensions occurred, he was subject to blood examination at the son’s clinic located in his own house, and on October 24, 2006, at around 30:0 after being solicited by the doctor of the son’s department as a serious general hospital. On October 24, 2006, the Deceased was hospitalized at the hospital of the same month, and was diagnosed at around 30:0 on the same day on the 20th day after being diagnosed by the doctor of the son’s department, and was diagnosed by the first 30th day on the same day.

B. At the time, a doctor who examined the deceased’s body respectively diagnosed the deceased’s private person as the first executive officer, the second executive officer, the second executive officer, and the second executive officer, the second executive officer, and the second executive officer.

C. As the father of the deceased, the Plaintiff claimed bereaved family benefits and funeral expenses against the Defendant on April 23, 2007 that the deceased’s death constituted an occupational accident. However, the Defendant rendered the bereaved family compensation and funeral funeral expense (hereinafter “instant disposition”) against the Plaintiff on the ground that it is difficult to recognize the causal relation between the work and the disaster because it is difficult to view that the dental technician’s work performed before the accident was professionally exposed to germs, and was provided to young age workers because it is difficult to recognize the existence of the causal relation between the work and the disaster.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

Considering not only the occupational characteristics, work contents, and environment workers of the deceased's workplace have been exposed to germs, and the risk of infection exists, but also the accumulated work free of charge due to the increase in work capacity for the considerable period immediately preceding the death, it is reasonable in light of the empirical rule to presume that the adverse effects of the deceased's occupational division and nutritional failure were caused by the cumulative occupational division and nutritional failure, and thus, the deceased's death was conducted with the blood transfusion. Therefore, the disposition of this case reported differently is unlawful even though it was caused by the occupational accident.

(b) Facts of recognition;

The following facts are not disputed between the parties, or can be acknowledged by comprehensively taking into account the following facts: Gap evidence 1 through 4, Gap6, 7, Gap evidence 9-1, 2, Gap evidence 10, Gap evidence 12-1 through 6, Eul evidence 1-1, 2, Eul evidence 2, Eul evidence 2, Eul evidence 4, witness Kim XX testimony and the whole purport of the arguments in this court, Eul hospital's testimony and fact-finding with respect to Gap hospital's director, Eul hospital's director, and the whole purport of the arguments.

(1) Contents, etc. of deceased

(A) The non-party company is working at the place of business that produces dental dental appliances (such as dice, gold, etc.) requested at five dental clinics located in Seoul XX-gu, and one assistant, and one secretary is working.

(B) The deceased’s work is a work completed in a certain form by cutting a string machine, which is a string machine that moves the string of the string of the studio, and was done to supplement and repair the existing string machine at the time when general or at the time when the string machine is produced.

(C) The work site of the non-party company is divided into three softs. The place where the deceased works is the one where only a small window exists in the area of 5 and 6 square meters in the middle part of the work room, and the three sides of the bus are sealed, and there was no ventilation equipment such as air exhausters or air conditioners.

(D) Contrary to the fact that the contents of dental technicians’ work are mainly flaging with a string or washing with a chemical substance, the indoors of the workplace are not properly ventilation, and thus, gold dust or dust flaging and smelling chemical drugs have been serious.

(E) The dental clinic did not request the non-party company to disinfect the existing steel product or the steel model, even if it newly produces and requests the non-party company to repair and request the existing steel product, and the non-party company did not separately install a separate facility to disinfect it.

(F) The Deceased’s working hours were from 9:00 to 19:00 a day, and Saturdays were from 9:00 to 17:00 a day, but the time of retirement was frequently exceeded due to its nature, but the time of retirement was not fixed.

(2) Situation before and after the deceased’s death

(A) On October 21, 2006, the deceased worked for up to 23:0 on October 22, 2006, the end of the day immediately before the death, as the request for the production of the relic increases before and after the end of the string (from October 5, 2006 to October 8, 2006) and on October 22, 2006, the deceased worked to work for up to 17:0.

(B) On October 23, 2006, the Deceased was in preparation for work, and around 8:30, due to a sudden high heat, around 9:30, the Deceased was prescribed to have three items inspected after receiving treatment at A Hospital at around 9:30, but he returned to the hospital without undergoing an inspection, because there are too many waitings for the autopsy.

(C) However, at around 12:00 on the same day, the Deceased was diagnosed as a source of her home-based Party B B, conducted a blood test, and returned home to the National Institute of Radiological Sciences with a prescription.

(D) On October 24, 2006, the deceased transferred to C hospital on the 30th of the same month, but on the 20th of the same day, the deceased transferred to C hospital on the 30th of the same month, after receiving the diagnosis from A hospital on the 25th of the same month, after receiving the doctor's recommendation that the status of blood test results is serious, and as a result, the deceased transferred to C hospital on the 30th of the same month, the condition of the deceased was deteriorated after receiving the diagnosis, such as satise, satise, satise, satise, and satise, but died at around 20:0 on the same day.

(3) The health condition of the Deceased.

(A) The Deceased did not drink alcoholic beverages and smoked to the degree of half per day.

(B) At the time of death, the Deceased was 37 years of age at the time of death, and the normal height and body length were 164 cm and 64 km.

(C) In the health examination conducted on April 7, 2006 by the National Health Insurance Corporation, the deceased was judged to be " normal B: there is no abnormal function management and health, but is in need of self-management and preventive measures, such as diet habits, improvement of the environment, etc."

(D) On the other hand, the deceased was treated with spawnitis through 16 times from December 2, 2002 to September 12, 2006, i.e., acute spawnitis, spawnive contact skin infection in the cause of unknown spawn, spawn infection, spawn infection, spawn infection, red spawn salt, etc.

(4) Medical opinions

(A) Opinions of the Defendant’s advisory doctor

1) Dental technicians’ duties performed by the deceased were not professionally exposed to germs and dangerous infections. It is difficult to view that the young age group employees provided the cause of causing the infection, even though they were in occupational tasks for three (3) days prior to the death (such tasks). Although it was confirmed that the deceased caused the infection, it is reasonable to determine aggravation due to non-occupational causes.

2) Even before the occurrence of a disaster in the review of the deceased’s medical record, in the case where there was an opinion from the hospital on the deceased’s failure in the examination of the deceased’s medical record, such as high-tension, two copies, and Gotototoo, which led to the death of the mother due to aggravation of the cause caused by a disease.

(B) Results of inquiries into C hospital heads of this Court

1) The Deceased was accompanied by a superior officer and a new function team at the time of internal organs, and was showing the past history and food disorder of the blood transfusion, and was very serious.

2) A senior executive officer is a critical disease with the death rate exceeding 85% even if an appropriate response treatment is given to a patient who had previously been healthy due to a disability in liver functions and a disease with food and clothing disorder rapidly.

3) The causes of the superior executives have reached 20 to 30%, even in cases where he or she did not disclose the causes by bruse, toxic hepatitiss by medicine, etc., brush, brusitiss by medicine, etc... In most cases, most of the senior executives of the superior executives are accompanied by the overall symptoms, such as acute frusium, pansium, pansium, and frusium, and frusium, if the senior executive officer of the superior officer occurs due to a disease that occurred by the patient who was healthy, all of the senior executives of the superior officer of the superior officer of the superior officer of the patient.

4) It is difficult to see that there is a causal relationship between the existing disease and the superior officer.

(C) Results of the fact-finding conducted by this Court on A Hospital Head

1) The diagnosis name diagnosed with the deceased at the above hospital is a serious mythosis, a acute pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary A, and a multiple pulmonary

2) The deceased’s infection, the diagnosis name of the deceased, is a national and telegraphic reaction in the body when the micro-organism satisfys through the upper cell floor, and the satisfysatisfy in the body. This is the main symptoms of the telegraphic reaction, such as satisfy or low satisfy, leukuk-guropic increase or satisfying satisfy, rapid crophy, and acute pulmona, etc., and the overall satisfysatisfyssis. The satisfyafyafafafafafafafafafafafafafafafafafafafafafafafafafa

3) A parosis may be induced by any kind of microbes.

4) In general, upon the outbreak of a parosis, the cardiopulmonary bonds, kidne bonds, kidney bonds, negohy bonds, and neological bonds appear as their inner bonds.

5) In the case of the Deceased, it is impossible to find out the cause germs due to the reason that the Deceased did not do so.

6) In the case of a person who was normally healthy, it can be said that there is a relatively low possibility that he may satise patch only with the general satitis due to the decline in the resistance function of the human body, but it may be possible to do so.

7) Since the point of time of health examination differs from the point of time of hospitalization six months after the occurrence of the disease, it is determined that even if there was no special visit as a result of the medical examination at the time, if there was no excess for a considerable period prior to the occurrence, the condition of the degradation may be the cause of the outbreak of the infection, i.e., conditions.

C. Determination

(1) In order to become an occupational accident under Article 5(1) of the Industrial Accident Compensation Insurance Act, there must be a causal relationship between the occupational non-business and the disease causing the death. However, even if the main cause of the death is not directly related to the business, it shall be deemed that there is a causal relationship even in the case where the occupational course, etc. overlaps with the main cause of the death and causes or worsens the disease. The causal relationship does not necessarily have to be clearly proved in medical and natural science, but it shall be deemed that there is a causal relationship between the business and the disease when considering all the circumstances (see Supreme Court Decisions 98Du12642 delivered on December 8, 1998; 96Du6103 delivered on September 6, 1996, etc.).

(2) Even if the above facts were revealed, it is difficult to predict the deceased's physical condition as follows. ① The deceased's physical condition increase before and after her death was caused by an increase in his work process, and the deceased did not engage in heavy work during the three-day period from the beginning of October 206, and in particular, it is impossible to rest at the end of the immediately preceding month, and it is deemed that the deceased's physical condition might not have been affected by 17th:0 on the 22th day of the same month because it was hard to see that the deceased's physical condition might not have been affected by franchising the deceased's physical condition. ② Even if the deceased's physical condition might not have been affected by franchising the deceased's physical condition, it is difficult to see that the deceased's physical condition might have been affected by franchising the deceased's body condition before her death, and there were no other diseases caused by franchising the deceased's physical condition.

Therefore, even though the death of the deceased constitutes an occupational accident, it is illegal to make a different report.

3. Conclusion

Therefore, the plaintiff's claim of this case seeking the cancellation of the disposition of this case is reasonable, and it is so decided as per Disposition.

Judges Kim Yong-chul

Judges Kim Tae-tae who are unable to sign and seal due to retirement

The presiding judge

Judges Song Jae-chan