Plaintiff (Law Firm Han-gu, Attorneys Jeon Yong-moo et al., Counsel for the plaintiff-appellant)

Korea Labor Welfare Corporation

may 2, 2005

1. The Defendant’s disposition of refusal to grant medical care to the Plaintiff on April 13, 2004 is revoked.

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

The same shall apply to the order.

1. Details of the disposition;

The following facts are not disputed between the parties, or may be acknowledged by taking into account the respective descriptions of Gap evidence 1-1, 2, and 4-1, 2, 3, 5, and 6 and the whole purport of the pleadings:

A. On August 8, 1983, while the plaintiff was employed by the non-party corporation as a member of the non-party corporation, on August 29, 2003, the plaintiff was diagnosed as 'brupted gymnasium and net gymnasium' as a result of a close inspection conducted at the original cycle hospital on October 2, 2003, even though she was suffering from almnasium due to abnormal symptoms, but further aggravated.

B. On December 9, 2003, the Plaintiff applied for medical care of the injury and disease of this case to the Defendant on the ground that the injury and disease of this case occurred in a state of immunodeficiency disorder due to extreme overwork and stress.

C. However, the Defendant did not accept the Plaintiff’s application for medical care on the ground that there is no medical basis that the instant injury and disease were caused by the gymosis caused by the gymosis infection of the Hague virus, and there is no fact that the Plaintiff had worked at a harmful work site that is likely to be infected with the Hague Pest infection, and that it is difficult to recognize a proximate causal relation between the instant injury and disease’s duties (hereinafter “instant disposition”).

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

(1) If the Hague virus, which is the cause of the instant injury and disease, is infected with an infection and is diving into the human body, due to physical use, etc., the revidivates and causes fatal diseases to all the organs of the human body.

(2) However, after joining the above company from 2001 to 201, the Plaintiff directed physical and mental skin due to high-quality work, such as large amount of shooting and overtime work, and has been suffering from stress due to the increase in work due to the strike of the labor union and the smooth relationship between the union members.

(3) Therefore, there is a proximate causal relationship with the Plaintiff’s duty that the instant injury and disease was caused by extreme overwork and stress experienced in the course of performing the Plaintiff’s duties. Therefore, the instant disposition is unlawful.

(b) Related statutes;

It is as shown in the attached Table related statutes.

(c) Fact of recognition;

The following facts may be acknowledged in full view of the evidence Nos. 2-1, 2, 3, 1, 3-1, 9-1, 2, 10-2, 2, 10-1, 2, 10-2, 5-2, 6-1, 6-2, 7, 8-2, 9-1, 10, 10, 10-11, 10-2, 10, 10-2, and 11-2, 10-2, and 10-3, 3, 10-3, 10-1, and 10-2, and 10-3, 10-1,00,000-2, and the fact-finding results of the fact-finding with respect to the non-party corporation.

(1) The Plaintiff’s career, details of duties and work environment

A) On August 8, 1983, the Plaintiff joined the Non-Party Stock Company and worked in the Electromagnetic and the Quality Guarantee Department for seven years. From 1990, the Plaintiff started to work in the Production Company, and from 2001, the Plaintiff served as the head of the Ban from the assembly of 3rd parts and 2nd part of the Empia as well as the Empia until the time of the instant injury.

B) The Plaintiff mainly worked in the course of personnel management, quality control, and production management at least 2 and 30 minutes prior to normal working hours, and immediately retired from work, depending on the degree and schedule of the work’s absence from work, and where there is leave, the Plaintiff was put to work directly to perform the production work.

C) The production-based workers worked one week a week and one night work. From June 2003 to June 1, 2003, 08:30 to 17:30 a week work from July of the same year, and from 21:00 to 06:0 a day following the following day, the Plaintiff worked for 101 hours in January 203, 47, 110.5 hours in April, 123, 123, 15.5 hours in July, 104, 101 hours in February 5, 104, and 101 hours in February 1, 200, 203 without any other work hours in February 1, 203, 300 and 123 hours in May, 123, 101, 10.

D) From January 2003 to July 22 of the same year, the company’s trade union conducted collective negotiations with the company. During the process, industrial actions, such as partial strike, full-scale strike, etc., were conducted by the Plaintiff. The Plaintiff, while a member was in the position of manager, did not directly participate in the strike, and the Plaintiff was suffering from stress due to frequent disputes with other union members demanding the participation in the strike. On August 2003, the company’s strike had been engaged in a large number of overtime work despite weathers to recover the difference in production due to the strike by the labor union.

(2) The plaintiff's medical history

A) On Oct. 23, 2002, the Plaintiff was diagnosed on Oct. 23, 2002 as follows: (a) the examination results of the original cycle hospital did not have an peculiar opinion; and (b) the friendly was diagnosed as being in need of an internal medical examination; (c) on Sept. 23, 2003, the Plaintiff was diagnosed as having no peculiar opinion in both bills from the comprehensive medical examination results.

B) On October 2, 2003, the Plaintiff received hospitalized treatment for the 13-day period from the same day due to the sudden networking visa in the instant hospital from the same day to the 14th day of the same month. On October 2, 2003, the Plaintiff received an operation on the 27th day of the same month due to acute networking visa. At present, in the case of e-mail, e-mail did not run due to various pharmaceutical procedures and rashing procedures, but the coordinates are real names.

(3) Medical opinions on the cause of the disease

The acute Rabing visa is a disease that rapidly is caused by the sudden activation of the Hear viral viral virus, which is the Hear viral virus, and simple bral viral virus, which is inherent in the deviral state, and is caused mainly by the age of 20 and 50, and is accompanied by free body, cirrosis, and cirrosis, and after the cure, with serious climatic probrosis left a wide range of tradrosis, and the 75% of the Mabral gral gral gral gral grals are growing if the Mabal gral gral gral gral s

In many cases, the Hague virus is infected by direct contact between people, and even if patients are not aware of the outbreak because of minor symptoms even if there are no symptoms, and even if it is recovered, the virus is locked on the part of the human body.

At present, the reason for the activation of viruses is not clearly identified, but it is generally believed that the virus is likely to be activated if the immunity of human body is deteriorated, such as other diseases, lack of nutrition, psychological stress, overwork, surgery, or stroke.

D. Determination

(1) The term "occupational accident" under Article 4 subparagraph 1 of the Industrial Accident Compensation Insurance Act refers to an accident caused by an employee's occupational accident while performing his/her duties. Thus, there is a proximate causal relation between the employee's occupational accident and the accident. In this case, the causal relation between the employee's occupational accident should be proved by the assertion. However, the existence of a proximate causal relation between the occupational accident and the accident should be determined on the basis of the health and physical conditions of the employee concerned not by the average but by the average person. In addition, the degree of proof of causal relation should not be clearly proved in medical and natural science, but it should be proved even if there is a proximate causal relation between the occupational accident and the accident, considering all circumstances (see Supreme Court Decision 98Du10103, Jan. 26, 199).

(2) In light of the above facts of recognition, the instant case is deemed to have been experienced considerable stress due to the conflict with the members of the trade union who end up the strike, since the Plaintiff worked as the producer leader, and the Plaintiff had been prone to excessive overtime work and continuous work over a week and night, and had been suffering from considerable stress due to the conflict with the union members who end up the strike.

In particular, even before the outbreak of the injury and disease in this case, it seems that overwork and stress have been aggravated due to working conditions, which are inevitable to perform overtime work, and such overwork and stress have served as a factor that reduces the plaintiff's immunity function. The injury and disease in this case is presumed to have occurred due to the reviving of the HE virus virus in the body under the condition that the immunity function has been deteriorated as above.

Therefore, there is a proximate causal relation between the Plaintiff’s work and the injury and disease of this case. Thus, the disposition of this case on the premise that the injury and disease of this case do not constitute an occupational accident is unlawful.

3. Conclusion

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

Judges Lee Tae-tae (Presiding Judge)