Plaintiff (Attorney Jeong-hee in charge of the law firm sex)

Korea Labor Welfare Corporation

March 31, 2016

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

On May 26, 2014, the Defendant’s disposition of “bereaved Family Benefits and Funeral Site Allowances” against the Plaintiff is revoked.

1. Details and details of the disposition;

A. On January 6, 1992, the Nonparty (her husband of the Plaintiff) joined and worked as a bank member at ○○○○○○○○○○○○○○○○○○○○ (hereinafter “instant company”) and was appointed as the head of △△ branch on January 17, 2013.

B. On June 13, 2013, the Nonparty committed suicide in the vegetable vegetable vegetable in Seocho-gu Seoul ( Address omitted).

C. The Plaintiff filed a claim with the Defendant for the payment of bereaved family’s benefits and funeral expenses. However, on May 26, 2014, the Defendant rejected the payment on the ground that “it is recognized that there is a depression by an out-of-the-counter person, but it is difficult to view it as an occupational stress in the suicide because it is difficult to view it as an ordinary business as the head of a bank branch, and thus, it cannot be recognized as a proximate causal relation with the business branch”

D. The Plaintiff, who was dissatisfied with the instant disposition, filed a request for reexamination with the Industrial Accident Compensation Insurance Reexamination Committee, but the Committee dismissed it on January 22, 2015.

[Reasons for Recognition] Facts without dispute, Gap 1-6 evidence, Eul 2 and 7 evidence, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

The Nonparty, due to occupational stress, led to the outbreak of symptoms, and the state of in-depth psychological and emotional apprehensions continued. Accordingly, the Nonparty’s normal perception ability, capacity to choose an act, and mental suppression capacity has been significantly deteriorated, thereby resulting in suicide, and thus, proximate causal relation between duties and death is recognized. Accordingly, the instant disposition on a different premise is unlawful.

3. Determination

A. Relevant statutes

It is as shown in the attached Form.

B. Facts of recognition

1) The Nonparty’s business

A) The head of the instant company’s branch office shall direct and supervise his employees and shall exercise overall control over the leisure and receipt business of the branch office, customer management, etc. The Nonparty worked as the head of △△ branch office from July 23, 2008 to January 10, 201, and from January 11, 201 to January 16, 201, as the head of the △△ branch office from January 11, 201 to January 16, 2013. Meanwhile, the Nonparty worked as the head of the △△△ branch office from January 11, 201 to May 16, 201. On the other hand, the Nonparty worked as five days a week from January 1 to Friday,

B) The instant company assessed the sales performance of a branch office each month or each quarter, and, if the results are insufficient, reported the measures to the head of the relevant branch office, and provided personnel disadvantage, such as changing the head of a branch office to lower grade or research members.

C) From February 2013, the instant company ordered a location with poor credit performance, etc. to report its countermeasures against the instant location. △△ branch where the Nonparty was the head of the branch was included in the subject. However, even at the time of the Nonparty’s death, the Nonparty did not have any serious quality or personnel disadvantage, etc. from the instant company.

D) At the time when the Nonparty worked as the head of △△ branch, the Nonparty traded credit with the △ branch, and the loans of the △ branch (an amount equivalent to KRW 8.5 million) account for approximately KRW 8.5% out of the total loans of the △ branch. The △ branch continuously demanded the △ branch to reduce the loan interest rate, but did not repay the loan or change the principal transaction bank to another place.

2) The Nonparty’s health status, etc.

A) On May 27, 2013, the Nonparty: (a) was diagnosed with “hives of depressions without any mental symptoms” and “hives of depressions; (b) the medical records (No. 10-2) include “Is itself a pain that occurs; (c) vocational stress was high; (d) there was a physical disease; (e) the Nonparty attempted to inform him/her of his/her refusal to die; (e) attempt was always made several times. At home, I tried to see that he/she tried to kill. There was no hives about hives of any farm that is made by distribution and thereafter.” If there is any hives relationship between husband and wife, the content of the relevant medical records is that “Isn’t lives itself is suffering; (e) the head of a bank branch; (e) there was a lot of occupational stress; and (e) there was a lot of hives that he/she would have been exempt from investment before being married.”

B) On June 3, 2013, the Nonparty, who received medical treatment again from a member of the ▽▽△△△ Council, was also mentioning the possibility of suicide.

3) Reasons for the Non-Party’s death

A) On June 13, 2013, the Nonparty went to work and processed the A.M.’s work. According to the employee’s statement, the Nonparty saw that the face at the time was open, the body was not good, and that it was difficult and unstable to concentrate on the work. In addition, around 11:10, the Nonparty: (a) called the employee “at issue; (b) went to the outside of the company; and (c) called the Plaintiff at around 13:50, called the Plaintiff and called the Plaintiff to “I am at present at present at present. I am back immediately.” At around 14:12, the Nonparty was found to be fright down the raw vegetable bat (bats made on the land purchased at the outside and after the university) located in Seocho-gu Seoul Metropolitan Government ( Address omitted).

B) The Nonparty left two books in the future of the family members before committing suicide. The note (No. 3) discovered at the scene of suicide mainly expressed an aesthetic mind about the family members, and the note (Evidence A 12) discovered at the home contains the contents, such as giving rise to the inherent problems and giving lessons to the children.

(iv) medical opinions

A) Opinions of the Director-General ( Researcher’s Assistant Division)

The Nonparty, included in the main text - The Nonparty complained of symptoms, such as depression, suicide, physical disorder, apprehension, and concentration decline at the time of internal origin, and showed severe depression. The Nonparty complained of stress related to his/her duties after the issuance of a bank head on June 3, 2013 - The Nonparty is deemed to have a serious impediment to normal recognition and ability to choose action, due to depression, unstable weather, desire degradation, apprehension, etc. at the time of the last medical treatment on June 3, 2013

B) Results of this court’s entrustment of appraisal of medical records to the head of Samsung Seoul Hospital

In light of the foregoing, the Non-Party was the head of a branch before committing a suicide on the condition that he or she works for a bank. The Non-Party is not related to his or her work performance, but is likely to have worked for the Non-Party as a stress factor because he or she appeared in the medical record of the Non-Party - The Non-Party is presumed to have suffered from major depression. Therefore, the time of the outbreak of depression is unclear. The Non-Party appears to have first visited the department of mental health on May 27, 2013. The symptoms such as depression and suicide accidents, etc. mentioned at the time fall under the category of a branch of a bank, but are not likely to have worked for the Non-Party as a stress factor due to his or her occupational stress and property impact on the Non-Party - The Non-Party is presumed to have suffered from major depression. Therefore, the time of the outbreak of depression is difficult to determine that there was a serious risk factor due to the fact that the Non-Party could not have any other symptoms such as a mental disorder.

[Grounds for recognition] The facts without dispute, Gap 8-12 evidence (including each number; hereinafter the same shall apply), Eul 1,3-6 evidence, and the result of this court's commission of the medical record appraisal on the Samsung Seoul Hospital Head of this court, the result of this court's fact-finding on the members of this court's ▽▽△△○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ Branch

C. Whether the instant disposition is lawful

For the following reasons, the instant disposition is lawful.

1) The term “occupational accident” as referred to in Article 37(1) of the Industrial Accident Compensation Insurance Act refers to an injury, disease, physical disability, or death of an employee who was caused by his/her duties during the performance of his/her duties. As such, a proximate causal relationship between his/her duties and the occurrence of an accident ought to be established. However, even if the proximate causal relationship is not necessarily proved in medical or natural science, if there is a proximate causal relationship from a normative point of view, proof should be given. In the event a worker commits suicide, the disease is caused or aggravated due to the occurrence of the occupational disease, or the occupational career or stress overlaps with the main cause of the disease, and if it is presumed that the worker committed suicide in such a situation as to the extent that the normal perception or ability, ability to choose the act, ability to restrain mental disorder, or that it is impossible to expect reasonable judgment due to such disease, a proximate causal relationship between his/her duties and the death may be acknowledged. To find such proximate causal relationship should be comprehensively taken into account such factors as the degree of suicide or symptoms of the disease, period, recovery period, recovery possibility, age, physical and mental condition surrounding the person, etc.

2) In the instant case, there is room to view that the Nonparty, while performing his duties, was prone to stressed, and the depression was not irrelevant to the motive or cause of suicide.

3) However, in light of the relevant legal principles, the facts acknowledged earlier, and the overall purport of the pleadings, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that there exists a proximate causal relationship between the Nonparty’s work and death.

A) The Nonparty may be deemed to have been subject to certain degree of stress or pressure while working as the head of △△ Branch. However, in light of the following: (a) the Nonparty worked in the instant company for not less than 20 years; (b) the Nonparty is deemed to have been subject to certain adaptation to the relevant work and the working environment due to having been experienced in approximately 2 years and 6 months at the head of △△ Branch; and (b) there is no evidence to deem the Nonparty to have worked in an extremely excessive manner compared to other branch heads of the instant company, or having been subject to continuous pressure and pressure by the instant company, etc., it is difficult to view that the occupational stress is objectively deemed to have been serious enough to arouse or deepen the depression by objectively viewing the occupational stress.

B) Furthermore, even if the non-party suffered from occupational stress, it is difficult to presume that the non-party committed suicide in a situation where it is difficult to expect reasonable judgment due to lack of normal awareness, ability to choose action, or ability to restrain mental disorder. This is because: (i) the non-party was unable to have shown physical and mental behavior so long as it was physical and mentally so long as it was around the time of suicide; (ii) the non-party worked at a normal day on the day of the instant case; (iii) the non-party prepared two copies before the suicide; (iv) the non-party expressed an unfortunate mind about his family; (iii) the letter discovered at the place where the suicide was committed; (iv) the non-party showed the possibility of suicide to the surrounding persons; and (iv) the non-party was accompanied by symptoms such as depression and depression at the time of suicide; but it is difficult to view that the non-party had reached a state of mental disorder or mental disorder.

4. Conclusion

The plaintiff's claim is dismissed on the ground that it is without merit.

[Attachment]

Judges Hong Jin-ho (Presiding Judge)