(영문) 서울행정법원 2013.10.18.선고 2013구합51244 판결

1. The Defendant’s revocation of the disposition on November 26, 2012 on bereaved family’s benefits and funeral site expenses against the Plaintiff on November 26, 2012

(c)

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

Purport of claim

The plaintiff stated the date of disposition on November 27, 2012 in the written complaint's correction column, but it was so stated.

The writing seems to be a clerical error).

Reasons

1. Details of the disposition;

A. On April 26, 1999, the deceased Kim○○ (hereinafter referred to as "the deceased") entered the Samsung Electronic Stock Association company (hereinafter referred to as " Samsung Electronic") and worked as a production worker at the 2 Ra of the interesting business place until he retires on February 29, 2004.

B. Around April 2008, the Deceased was diagnosed as a acute sulphal leukosis, and died at the age of 29 years on November 24, 2009 during treatment. A diagnosis of death was determined by the deceased’s direct death as a parsis, and by the pre-explosion Eul as a sulmatal.

C. On May 14, 2010, the Plaintiff, a spouse of the Deceased, demanded the Defendant to pay bereaved family benefits and funeral expenses, while the deceased’s death constitutes occupational accidents.

D. The Defendant on June 23, 2010, Article 22 of the Enforcement Rule of the Industrial Accident Compensation Insurance Act, and the Enforcement Rule of the Industrial Safety and Health Act

An officer at the Korea Occupational Safety and Health Agency pursuant to Article 107-2 (1) 2 of the Rule for the development of the deceased.

(1) Epidemiological investigations conducted by the Industrial Safety and Health Institute (hereinafter referred to as “the epidemiologic investigations”).

The main contents of the results of the instant epidemiological investigation are as follows, and the view that the Korea Occupational Safety and Health Agency, held on December 2, 2010, did not constitute an occupational accident, at the Korea Occupational Safety and Health Agency, at the Korea Occupational Safety and Health Agency established on December 2, 2010, seven members of the Committee, one member of the nine members of the Committee, respectively, reservation of this decision.

The author did not present his opinion.

A person shall be appointed.

E. On January 17, 2011, according to the majority opinion of the Epidemiological Investigation and Evaluation Committee on the results of the instant epidemiological investigation, the Defendant is in office as a level of natural exposure, the deceased’s exposure to the causes of the lebane disease to the degree of natural exposure.

As it is difficult to deem that there was a exposure to the deceased’s achievements, a considerable amount of person in charge of the deceased’s duties in the category of leuk blood.

For reasons that the system could not be recognized, the bereaved family's benefits and funeral site pay disposition was made.

F. On November 21, 2012, the Plaintiff re-requested the Defendant for the payment of survivors’ benefits and funeral expenses, but:

The defendant, on November 26, 2012, refused payment on the same ground as the disposition taken on January 17, 2011

The instant disposition was taken.

[Ground for Recognition] Unsatisfy, Gap evidence 1-1, 2, Gap evidence 18, Eul evidence 1-1, 2,

written evidence Nos. 2, 4 to 7, and the purport of the entire pleading

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

During the work mainly in a manual of 2 d-dong catus, which is one of the primary facilities of Samsung Electronic, the deceased shall be asked in the process of a luminous phenomenon used in each decoration process or in each luminous phenomenon.

He/she was exposed to cancer, such as he/shee gender, oil alphalth, Eethylene, Trichloroethylene (TCE hereinafter referred to as "TCE"), and (ii) was exposed to hazardous substances, such as carbon compounds, which were generated from other internal processes in the same Ra and are not discharged externally to the outside of the building, and are circulated to the Republic of Korea.

(3) The effects of ion radiation generated by injecting machines installed in the ionion process.

4 Furthermore, from time to time while working for the three-dimensionals, thrhythm is occupational and stressed by night work, excessive work, etc., and is in such working environment and course as such.

On the other hand, the deceased's death constitutes an occupational accident because he or she was suffering from acute thirrosis or at least caused the death, and thus, the deceased's death constitutes an occupational accident.

B. Facts of recognition

1) The deceased’s health condition

A) In the health examination of 2001 when the Deceased was in service in Samsung C&M, 5,430, 430, red blood cells

451, blood coloring 124,00 won, blood plate 277,000 won, was judged as a result of blood examination in March 2002, the average of 460, red blood cells 440,000, red blood cells 12.7, and blood plate 145,000, which was finally determined as 4,590,000 in white blood cells as a result of re-examination for two months after the low blood size of 140,000, and the examination conducted in March 203 was finally determined as 5,840, red blood cells 498,00, 13.9, 13.0

A normal judgment was issued only by the board 23.

B) The Deceased did not have a blood disease or cancer disease among his/her family members, and all of his/her parents are alive, and Samsung Electronic is the first workplace and after his/her retirement, he/she sent seeds to his/her occupational father except for six months. The Deceased did not drink or tobacco.

C) At the time of Samsung Electronic Work, the Deceased was born with her head, and was dead while her work for 3rd class. On December 26, 2004, the Deceased was pregnant by marriage on February 2005, but was natural at the end of February 2005

Since the end of 2006, she was pregnant and gave birth to her children around July 2007.

D) In April 2008, the Deceased visited the hospital by itself on the first arms bridge; and

On April 15, 2008, the Seoul Asan Hospital was diagnosed as acute tymmetric tymmetric disease and received anti-crance cancer treatment.

around June 2009, however, it took place due to the recurrence of October 2008;

Along on July 2009, the second aggregate profit was received in October of the same year, but died on November 24, 2009.

2) Current status of the process of semiconductor production and the business place for interest in Samsung Electronics

A) Semiconductor’s semiconductor work place is largely divided into a train and a solar work place.

wafers 3) Manufacture of wafers, circuit design, processing process, and wafers in the warm workplace.

Process and assembly cutting with chips shall be conducted, and the inspection process shall be conducted.

B) Of this, the wafer processing process is capable of forming the pulse acids on the surface of wafers.

U.S. (Difus Action) Process, ② Mining phenomena (Photolhography) process to make circuits on the surface of wafers

4) 3 Tring processes, 4. Echling processes, which remove luminous drums made in the process of girrology and luminous girrology

Deposing operations (chemical weather) which form a eroposity or an eroposity prevention on the surface of wafers.

(CVD) and physical weather increase (PVD). (5) Injecting the non-nets of "(Dopant)" into semiconductors in order to grant herherherherherherherherherherherherherherherherity to semiconductors; 6) Process of injecting the non-nets of "(Dopantant)" into semiconductors; 6) Process of wafera.

It consists of six detailed processes, such as a chemical and physical chrothic chrothic chrothic grothic grothic grothic grothic grothic grothic grothic grothic grothic

C) In the process of luminous phenomenon, the luminous field: (a) capture of a luminous reduction (hereinafter referred to as “phoerist”, “PR”) having the characteristics of wafers; and (b) exhaust the light, such as the short line (UV). In this case, the luminous reduction of the part receiving light shall be melted or removed; and (c) the luminous reduction of the light shall be protected by the debris formed earlier by leaving the light as it is, as it remains. The remaining luminous area is partially removed from the washing process, which is a detailed process of luminous phenomenon, and the remaining luminous reduction amount shall not be protected by the luminous level.

the final removal of any part of the bar, etc. The habitation process shall be various acids and salted substances.

Use of liquid body consisting of damp-type processes and processes for planting pulcopy, luminous dump, etc.

Using s, it is divided into a type of a greging process that considers it through physical collision and reaction with each other.

d) In the ion injecting process, using injecting devices to create the characteristics of the electronic apparatus by injecting the string to the string of the pule removed from the window process, and in the process of using the ion injecting devices, ion radiation is released.

E) The entertainment place of business consists of the Weather Complex (it was established in 1984 and there was eight waferers) and the Chemical Complex (it was established in 2002 and five waferers).

F) Two persons working at the entertainment complex where the Deceased worked are the largest in the entertainment complex, together with 1 and 3 persons.

One of old production lines, which is currently closed in the present.

3) Details, etc. of the deceased’s work

A) On April 26, 1999, the Deceased joined Samsung C&M and served for three years and seven months from April 1999 to October 2002, 200, in the damp-style process of 2Ra of the interesting workplace, and on November 2002.

J. From January 2003 to February 2004, one year and one month from February 2004 work again in the damp-style process after working in the dry-style angle process for two months in December 2002.

B) It is unclear in the records that the deceased worked only in the manual equipment at the time of performing his/her duties in the habitation process of two persons, other than the manual equipment, the automatic equipment is also located in the automatic equipment.

C) In the case of a passive eating process, the dynamics of this case by the Industrial Safety and Health Institute around 2010

At the time of carrying out an investigation, 2 Ra has already been closed and is cut off with a manual facility within the entertainment business place.

Although there is no remaining place in which the business is carried out, it is urgent to work for three Ras in the entertainment business place and to work for three Ras.

The Industrial Safety and Health Research Institute, around 2007, shall conduct epidemiological investigations on the cause of the outbreak of yellow oil that died from sexual lebane disease, and shall visit 3 d's passive corrosion process to verify the contents of work.

At that time, the notice was given by the Malaysia, which was called “or, directly,” the Z2O2), BOE (HF, BOE), and the Z2O2 (HF, BO2), for a given period of time by the Malaysia.

The water section (Bath) of aluminium and mountain agents) entered into the water section (bath) of the water section, and the chemical substance of water tanks was supplied by the central supply system, and the Malaysia worn work clothes, earth and sand, and the herode screen (explosor), but did not wear the air conditioners (Industrial Safety and Health Institute published in September 2012). In accordance with the "No. 10 Evidence", the Republic Safety and Health Research Institute published in September 2012 "No. 10 the health care path for workers of the semiconductor industry", the respiratory protective protective equipment, safety warning, and protective devices, in case where it is carried out damping work by manually.

A. He/she must wear protective horses.

D) According to the statement of Samsung C&M, which was offered to the Industrial Safety and Health Institute in 5) and 1 Ra and worked as the O&P (Evidence No. 16-1 of the Evidence No. 16), Samsung C&M, using the house of "Handboxes", "Woos Hands Hands Hands Hands Hands Handblings", and SDRs junz.

It is the process to end up using the Sfind's facilities after inserting each facility of the name or each water tank and breaking and taking the spind's spind'.

(e) in automatic damping and dry-typeing operations, Austrias shall wale in automated facilities.

The head of the Si/Gun/Gu shall put this bomb and shall take charge of the work to take it out after the automatic processing is completed.

4) Data on the survey of the Company regarding the chemicals used;

A) Samsung C&M uses at 2 Ra at the time when the Deceased worked in the epidemiological investigation of the instant case

all chemicals are not in custody, provided that they do not have been held in custody, provided that they are portable,

S-BE comprised of 6% in the process, 58% in combustibilityum, and 36% in water (the epidemiological investigation of this case)

According to the report (No. 18 No. 18) , BOE includes stecitivity, and teiton X-100 (material name among the substances generally used as sither agents at semiconductor manufacturing places:

octyl phenol Lyl, polyoxyethylene yctyl e) These materials are not influent quantity.

Triton X-100 use Tritton X-100 from 2 Ra to grital agents.

Whether or not it is impossible to accurately understand) the use of a hydrogen, a hydrogen, and a fire extinguishing, and the use of a hydrogen and acarbon in an automatic damping process was confirmed only by the fact that it was in use of a hydrogen, and in the drying process, it was stated that gas such as a gas in general, he (He), Cyllium (N2), a nitrogen (N2), and a gas in the greging process is used.

B) In the later half of the 1990s, the environmental pocket book, which was divided into Samsung C&E’s semiconductor workplace, contains gas and chemical substances used for each wafer processing process (in this case, the environmental pocket book was included therein).

Use [Attachment 1] In light of the luminous phenomenon process, hinner, etc., organic solvents, such as TCE and Z2SO4), sulfur (H2SO3), nitrogen (HNO3), salted hydrogen (HCR, salted acid), etc., in each food process.

The kind of ZI would be used by the elderly in the ionion process (ash3, water extinguishing rain).

C) A list of chemicals used for 3 d's damp and dry planting process as at the time of 2007, which Samsung Industries submitted in an epidemiological investigation of the Yellow oil of the Industrial Safety and Health Research Institute, is as shown in [Attachment 2].

D) Samsung electronics itself entrusts an external institution with a 1-2-year working environment measurement; and

As a result of the work environment measurement conducted by 2Ra during the period in which the deceased worked, there were data in the first half of 199 and the second half of 2001 (the same shall apply to the statements in attached Form 3). According to this, most of the measurement items was lower than 10 per cent of the criteria for exposure (permission). In the case of Toluene, the level of 25 per cent of the exposure was detected at the time of measuring 2001. The items measured in the damp-type process conducted by the deceased were NH3.

E) Samsung Industries has only a monitoring system for gas leakage within semiconductor processing lines.

on June 2006, the deceased had a separate real-time reduction on organic compounds after withdrawal.

Since the system was built, there is no record of the actions of the deceased to reduce the organic compound during the work period, and Samsung Industries does not keep the record of the actions of the gas reduction devices.

I stated that the gas reduction devices operated by the Industrial Safety and Health Research Institute have been identified. The gas reduction devices operated from 2004 to 2005 are as follows: 1 case (Stile), CVD process, 30 minutes and the maximum amount of leakage.

1pm7), from 207 to 2009, 4 cases (2F3), 4 hours, maximum 3 pmm; hydrogen (H2), less than 30 minutes, maximum 2,200 pm; CiH3, less than 30 minutes, maximum 24 pm; maximum 0 pm; 24 pm for less than 30 minutes; alar, less than 5 minutes, maximum 2,00 pbb8) were located in 8Ra from 2007 to 209. Chemical reduction period (AM -100)

5Ras among the periods from July 2010 to October 2010, 8Ras had no example operated.

In addition, there was a difference between ethyl teth (ethyl rate) 4.3 pm and ASEAN 3.7 pm higher than that.7 pm higher than that.

5) Results of exposure evaluation of 3 business places interesting industrial safety and health research institutes (2007)

(A) a chemical;

(1) The Institute of Industrial Safety and Health measured at least 6 hours a day after collecting regional samples from 3 Rasa to 2007 between September 17, 2007 and September 21, 2007 (the chemical dealt with at the time of 2007) and measuring at least 9 besa 10). The same applies to the exposure concentration of the remaining time of measurement.

Under the premise of this, the concentration during the measurement period was compared with the average of eight hours of time time average exposure (TWA). However, in the case of beer who conducts a measurement of organic solvents, it was compared with the result of the regional sample measurement by wearing a sample sample collection season and collecting samples together with the regional sample collection. In the case of 3 beer, it was in parallel with the short-term exposure concentration (St Tm Expo World, STEL) measurement (15 minutes of collection time).

(2) As a result, 3 beer 3 beer for the washing process, 1.0.00 m. to 0.00 m. from 001 to 00480m. from 0.00 m. to 0.00 m. (the exposure standard 2.5 m. m./ m.) m. are not detected or maximum m.

10. 10. 0091m/m (1.5mg/metres of the exposure criteria), sulfur is not detected, or maximum of 0025mg/metres (0.2mg/metres of the exposure criteria) in 009.000 cubic metres, the protopy alcohol (hereinafter referred to as "IPA") is, and the protopy alcohol (hereinafter referred to as "IPA") is,

0. 122 to 0. 265 pm (the exposure standard 200 pm) was measured. The result of the measurement of part-time exposure concentration was non-time exposure concentration.

M. M. M. 0.06 to 0676 to 0.00 g/ M. 0840 g/ M. 0840 m., salt acid is not detected, or maximum of 0048 m. / 0000 m., yellow acid was measured from 0018 to 000 m. 0476 m./ m., and IPA was not measured. Non-fluoride (fluoride, exposure standard 2.5 m. m./ m.) or bents (exp. 1 p.m.) were not measured not only in the regional sample and the manual sample, but also in the measurement of the concentration of short-term exposure.The Ministry of Industrial Safety and Health has not been reduced from the total sample of a single-hour measurement by 15 minutes less the gathering time.

It was determined that it was due to the fact.

(3) According to the results of measurement by material for the entire part of 3 Raz. 3 Raz. 9 Gaz., the results of measurement by material for the entire part of Maz. Doz. Doz. are not measured in the entire part of Maz. Doz. z. z. z. z. z. z. z. z. z. z. z. z. z. z. z. z. z. z. z. z. z. z. z. z. z. z. z. z. z. z. z. z. z. z.

It has been measured as not being released or scam 11) and only 0.17% of the maximum exposure concentration for non-cargos, about 0.2% of the exposure standard, 0.2% of the non-industrials, 0.06% of the non-industrials, 0.06% of the sulfur, 1.7% of the sulfur, 0.05% of the nitrogen, 0.05% of the non-industrials, and IPs.

10. 4%, Poston (PH3) 2%, propyeneglycol ethyl ether (PGMEA) :

0. 1% or less has been measured. In the case of a result of a short-term exposure concentration measurement, organic solvents shall be all times.

. Unexplosion was not detected by the bar, 0.0 p. 092 p. m. average 0.092 p.m., 0.041 p.m. higher than the arithmetic average of the regional samples, and 20 times greater than the 0.041 p.m. on all samples.

did not withdraw.

(b) ion rays;

(1) The assessment of exposure to radiation was conducted by the Korea Atomic Energy Stock Exchange Co., Ltd. at the request of the Industrial Safety and Health Research Institute on December 2007, and was conducted on the basis of the location where the uptakeer is installed and five branches of work workers are selected on the same line, and the employees are provided with radiation measuring devices for eight hours a day.

calculated the maximum exposure dose that can be wide. As a result, at four points out of five points, nature.

2. 4uSv/hr. 1 year for each part of the time when the radiation dose dose does not exceed the radiation dose, and one part of the time when the radiation dose does not meet the radiation dose dose.

4. 8mSV’s dose (attached Table 1) per annum when assumed that 40 hours per week works for 50 weeks per week does not exceed 50mV per annum.

for five years, 100 SV for a period not exceeding 100mV, but the good faith of the public exceeds 1mSv/yr.

1) This was reduced.

(2) on the basis of a radiation exposure assessment, the highest dose shall be

The probability and probability of the occurrence of cancer by radiation exposure is less than 900 minutes when there were eight hours exposure to radiation (this is less than 1% that the probability of the actual occurrence of cancer is higher than that of the actual occurrence of cancer).

U.S. 0. 53% of the 30 minutes of the day was found to be 0.03% of the 0.03% of the day. When 8 hours of exposure per day were exposed to 0.18% of the 50% of the 0.18% of the 0% of the day.

6) Results of an epidemiological investigation conducted by the Korea Industrial Safety and Health Institute for all semiconductor workers at semiconductor work places (2008)

year)

Between January 1, 2008 and December 31 of the same year, the Korea Institute of Industrial Safety and Health shall semiconductors in the Republic of Korea.

An epidemiological investigation was conducted on whether the risk of the outbreak of fladrosis, including fladrosis, was higher than that of the general public for all and incumbent workers who worked at the six companies of investigation, six companies, and their subcontractors. According to the results of the investigation on fladrosis, in the case of men, the death of fladrosis is general.

A person who is less than a population and has been suffering from leukosiss to a similar level, and in the case of women, leukosiss.

All death and death have come to a level similar to that of the general population, and all of them are meaningful.

It was not a rupture.

7) Results of consultation by the Industry-Academic Cooperation Foundation of the Seoul National University (2009)

The domestic semiconductor manufacturers, such as Samsung Electronic, requested the Industry-Academic Cooperation Foundation of the Seoul National University to provide advice on the risk assessment of semiconductor workplace, and the industry-academic cooperation foundation has investigated the risk of semiconductor workplace for about five months from June 2009. Of which, for the work site of Samsung Electronic, five Ra of the entertainment business site, a waferer, and one chip assembly.

After selecting the subject workplace, the risk of the aboveRa was assessed on the basis of the current use of chemicals, the result of the work environment measurement conducted by Samsung C&M for the last two years, and the current gas reduction control for the last six months, and the composition of the luminous phenomenon process was directly analyzed. The main contents of the advisory opinion on 5Ra of the Mara E&M are as follows.

A) 5 Rain characteristics

Five Rascirs' places of interest are old compared to other Ras, and have been operated in several ways until now, and the density of workers in the field has been high.

(b) a chemical used in 5Ra;

(1) A total of 99 chemical products are used. Of them, a single material is 70 kinds and 29 kinds of material mixed. No product does not confirm whether a component information provided by a supplier of a product is in existence, and information on chemical component components is in existence.

It depends on data of the feeders.

(2) Class 65 products used in the form of C are Class 32 products used in the form of drum and Category 32 products used in the form of drums. In the case of gas leakage in the pipe connections part, the method of central supply by means of bottles, cans, etc. is a container.

If the process of dividing them into small quantities and part of these products are not properly controlled in the process of keeping them inside the factory, the chemical is likely to flow into the workplace.

(3) As a result of the actual verification of the composition of the above 99 chemical product, a single chemical is class 83 in total, which is class 10 in which the component of the chemical is not verified, and all the substances of this class 10 are trade secrets.

class 83 only 24 out of the single chemicals above shall be subject to the self-working environment measurement.

(2) No part of the material which was under monitoring but has not been measured shall be found to be exposed to the degree of exposure.

It is also possible to cause lectures.

C) analysis and evaluation of the results of working environment measurement;

(1) Measurement methods

For Class 189 materials subject to measurement under the Occupational Safety and Health Act, a designated measurement institution was conducted by setting a period of time for the first half of the year and entrusting it to the measurement institution, and one for each process and unit work place.

As a result, 6 hours a day was measured and converted into 8 hours TWA concentration, and the measurement hours were unified into 08 to 17 hours regardless of the shift work hours. Meanwhile, Samsung Industries set the level of 20% of the current exposure standards by internal standards.

(2) Analysis

As a result of the working environment measurement in 2007, the entire side of on-the-spot and UNate

The distribution of static concentration to the level of exposure concentration in comparison with the exposure standard (explosion index = exposure concentration standard)

As a result of analysis of the distribution of the maximum value of exposure index of each process-specific measuring material, the number of measurement results in the order of IPA (446 cases), cancer (243 cases), hydro oxide (213 cases), sulfur (213 cases), sulfur (184 cases) and sulfur (184 cases), and the substances whose exposure index is the highest were the oxygen measured in the ion process.

Sudo was 29%.

(3) Evaluation

(A) Restrictions on measuring methods: The current method of measurement shall be assessed as WA for eight hours after the measurement for at least six hours without considering the toxicity and exposure standards for each chemical, the occurrence pattern, etc.

There are problems, and in particular, it is difficult to grasp the actual exposure status because it is assessed as TWA between 8 and 8 o'clocks without performing a single-time exposure evaluation centered on unit work even though it is done by the partner company) such as the detailed maintenance work (working by the partner).

(b) The limitation of the time of assessment: The present of various equipment in semiconductor workplace;

The work open, inspected and maintained in the future is conducted in a Rule or in a non-permanent manner, so it may seriously affect the exposure of workers due to the possibility of the inflow of pollutants in the equipment into the process of the work. The present method of measurement is set at a certain time of measurement in the first and second half years.

The method of measuring one time for each process, unit work place, etc. is being used for a period of time, so a work exchange is conducted.

There is a limit to the results of light measurement.

D) The current occurrence of gas alarm alerts;

323 units of equipment, outside (workplace) equipment, etc., shall be 323 units of equipment and 5 units of equipment in six processes, including the proliferation process of five persons.

28. There are 28 gas reduction devices. gas reduction alerts from February 2009 to July 2 of the same year were 46 times in total, and the occurrence status of the reduction alarm is as shown in [Attachment 4]. In light of the detailed contents, if work is carried out in compliance with the SOP (Standard Work Procedures: Standard Work Procedures) in the course of complying with the POP (Maintenance of Facilities).

Now 25 cases (54 per cent), 11 cases (24 per cent), 3 cases of PM work without complying with SOP, 3 cases of leakage, and 4 cases of grasping the cause, among these cases, under the circumstances where factories are normally operated.

7. In the case of a warning issued on the grounds that the two gas was leaked into B-ROMs (HBr), the volume of the gas at issue, such as evacuation of on-site workers, even if the gas was leaked into a very dangerous situation due to the high concentration of 5,729 seconds;

There was no urgent measure.

E) Results of analysis of the reduced amount of light (toptop mers)

The results of analyzing the content of certain chemical substances, such as bee, by arbitrarily selecting six of the 40 to 50 raying agents (e.g., liquid amount) used in the string process of five lines, are as follows: Provided, That the content is extremely low, and the concentration of air outside the heading of the heading, during normal operation, while the stringing equipment is installed in the heading office.

The possibility is high.

PR PR PPPPP sample

Analysis of material SPSL 402 SOL 4100A SPR 402 SPUV - 5604 SDR - 750 JSAL - 2726

on February 18, 191 February 34, 198 0 - 15 October 15, 08

Toluene, pm 151 April 14, 84 April 14, 480 53 0 December 12, 190

F) The ventilation part

(1) In the case of a wafer processing process, the external air flows into the proportion of 10 to 20 per cent, and is supplied as a working space along with the re-circulating air. In such an external air inflow rate, the production facilities are maintained and the pollutant flows out while maintaining the production facilities, inside the wafer processing process where the pollutant flows out.

Workers' health by causing the contamination of a low concentration in the circulation of Plum (Plum) beyond 12).

This low concentration is difficult to reduce by gas reduction devices.

(2) Air discharged from air purification emitting politics is a clean air of 100%.

No. Inasmuch as the air pollution source emission level determined by the Ministry of Environment is satisfied, it is most cases of discharging polluted air than salt standards. However, surrounding weather conditions are mostly cases of discharging air.

Therefore, it is possible to enter into the air inflows, and there are fabbb areaa that these exhaust gases are inhaled into the air inflows once, and that fab area has fab area.

G) The result of the interview in small groups of entertainment establishments.

Details of the past working environment are as follows:

○ Recently, patrols have been strengthened, and they need to wear ( protective outfits) well more than old days.

○ Safety seems to have recently occurred with awareness that he has an influence on the company’s reputation.

○ In the past, chemical substances and flags have not been used.

○ 200 meters away from the chemical, if the chemical is cut off.The mechanisms are processed after the PH test.

- The environmental deterioration and safety of the person was also poor before 200.

○○ Escam is well-known, such as a seal and maintenance mark. Before the example, it did not so.

8) Working environment and working environment of workers employed by the Industrial Safety and Health Research Institute as a place of semiconductor manufacturing.

Research on exposure characteristics of harmful factors (2012)

a study conducted on three wafers processing operators of the domestic semiconductor manufacturing industry;

In the report, ‘B' appears to be ‘B', and there is a difference between 8 manwaferer who is the subject of the study and 2 man who works for the Deceased as 8 manwaferer.

(a)the current use of chemicals and substances that may be generated secondly;

The Industrial Safety and Health Research Institute shall constitute materials used by process in each workplace.

The current status of the use of chemicals was identified by requesting the preparation of a report on the current status including ingredients, content, etc., and the second generation of substances through the evaluation and experiment of heat products was identified, and the main contents are as follows:

(1) Process of optical phenomena

Manitrophalops generally used in the process of luminous phenomena (Pool Pools) chlorools

stroke) - Water ingredients, such as rockyal resin and polystyren resin, hyke tons, hykes, Cykes

A mixture of melting ingredients, such as sirens, ethylbene, etc., and of luminous ingredients, etc. containing trade secrets;

The waferer processing process (T&M) in 2007, in which a lebane patient suffered from the lebane disease, is made of water

[ seems to be referred] Polol (stroke) - Nowwal balance of nitrode of nitrode (Nowallak)

Rein) A major use was used.

In the process of luminous phenomena, light energy shall be investigated into the amount of luminous reduction and circuits on semiconductor wafers.

There is a yellow light process consisting of a robalton, and there was a result of the existing study that the robal resin may produce a robal satisfaction compound in the event of decomposition by light, and as a result of a thermal decomposition experiment on the reduced amount of light containing a robalon resin, it was confirmed that material such as bee, pluene, luene, Cluene, biphenyl, and stroke was generated.In light of the characteristics of the reduced amount of light that has a direction-sufficient structure, most of the robal agents were a compound that meets the direction-setting.

(2) An identification process

In light of the reduced amount ingredients used in the luminous phenomenon process, the removal agents of the reduced amount of mine in the luminous phenomenon process shall be subject to such exclusions.

The final removal will be made through the damp-style or the dry-style process after the primary removal;

In the case of damp planting, due to the use of a dynasium and a dynasium, the dynasium ingredients of a dynasium

The occurrence of volatile organic substances and various by-products can occur as they were harmful, and in the case of a dry angle, the physical collision and reaction process with the surface to be planted by ioning gas-related substances, even in the case of a dry angle.

Gas-related substances and various by-products may be generated.

(3) Injecting process.

The Rotterdam, Tylcarbon, Maspin et al. are typically used. Rotterdam is discomposed when heating up to 300 cc, which is the dissatiscing temperature, or exposed to light, and Zinchere injection.

The generation of various forms of material, such as low temperature and heavy carbon, can be generated through the process of ionization with energy in the non-influence.

B) Results of the evaluation of exposure concentration of hazardous substances

To collect samples in the pulmonary area of the worker's working location and to compare them;

The sample was collected from the outside air inflows of the person, and the result of this analysis is as follows.

(1) Volatile organic compound (other than Madehyde)

4 In 4waferers Alyton tons, beben, IP, PGME, Toluene, Clren, et al.

The 10 Volatile organic compounds were detected. However, there was no substance found to be at least 1 pm of alton, IPA, PGME, and Crene, and there was no sample found to be at least 1/100 of the exposure criteria in the case of Arabic tons, IPA, PGME, and Crene. In the case of B, bents and external air inflows were not detected.

(2) Nydehyde (2)

In the process of luminous phenomenons using nishes resin (diol - ninitrode polycerines), etc.

In the light process where light energy, such as outboard vessels, can occur with secondary generation material. The concentration level of oil hyde in the air of B was 0018pm (0.5pm on the exposure standard) on October 0, 201, there was no big difference from 0.000 to 0.10 pm in the atmosphere of August 2009, which is the concentration in the game area.

(3) Inorganic acids

The results of the inspection are as follows, and are lower than 1/100 of the exposure criteria in all items:

The results showed.

(4) Rotten, Blue and its inorganic compounds

In normal work, the elderly was not detected in the entire wafer processing process, including B. The concentration of elderly exposure at the time of PM work replacing ions, etc. was assessed twice. While the primary evaluation line was not detected, as shown in the table below the second evaluation line, 3.2 ppb was detected in 3. 23 pbb, but 5 pb, which is (based on PM workers) exposure criteria, exceeds 5 pb.

0.0 0.085 g/m on the basis of TWA, in the case of carbon and its inorganic compounds (other than arche)

A. (Standards for PM workers) At the time of exposure, 0.01 g/ metres from the cubic metres.

A person shall be appointed.

9) Medical opinions on the causes, etc. of acute leukmacy diseases

A) Grounds

The outbreak causes of acute leukosis are known to the United States, radiation, chemical substances, drugs (hamambacos), viruses, etc., and the production of rubber products is recognized as the vocational and environmental risk factors of leukemias.

On the other hand, smoking is known to increase the risk of the outbreak of lebane disease, and 32 copies per day.

Smoking is about 10 times the amount of smoking in 1.8m per day, which is more than 10 times the amount of smoking.

Article 34(3) [Attachment 3] of the current Enforcement Decree of the Industrial Accident Compensation Insurance Act recognizes occupational cancer which falls under occupational diseases in the following cases:

o PPm or higher concentration benents and cirrosiss caused by exposure to at least 10 years to the bench;

species (Provided, That even if the period of exposure is less than 10 years, cumulative exposure quantity shall be at least 10 pm/year;

Based on the present density of exposure due to unclear records or records that were previously exposed;

The cumulative exposure quantity for at least ten years shall be deemed occupational diseases if the cumulative exposure quantity exceeds 1 pm/years.

○ Macephalde lephalde lephalde or lephal cancer caused by exposure to the Macephalde

-1, 3 - Padiene diseases caused by exposure to Badiene

○ Mathic typhene (Ethic ethylenehyd) A lephal lephical disease caused by exposure to such lethic lethic lethic disease

○ x (X) dypam, sypam, etc. exposed to radioactive rays, such as Y.

Doamam, Maumam, Maumam, Maumam, verteam, bonesam, skin low-cellamam, proneam, kiumam, and vavae in the skin;

Cancer, brain, nephalopical border cancer, Athropical lethroid cancer, acute lethropical lethrosis, and acute lethrosis;

Alley typhalopic leuksis

(B) diving machines;

Gente to be divingd from the initial exposure of bene to the outbreak of bendye of any other solid cancer

In comparison, it is known earlier, and the width of the change according to researchers is large, but the average of 5 to 15 years.Ethiogenal disease caused by culmic radiation was mainly conducted on the survivors of damage caused by culs in Japan and patients suffering from radiation treatment in Japan, and it was observed that the occurrence rate of thirrosis is increased since 5 to 7 years after exposure to culmic radiation.

10)Characteristics and risks of chemicals;

A) Among the chemicals mentioned earlier, used, detected, or likely to be used or detected in the wafer processing process of Samsung Industries, those substances classified as harmful substances in the Chemical and Physical Personnel exposure Criteria (Employment Notice No. 2013- 38 of the Ministry of Labor) and set the exposure criteria (attached Form 5) are as the same.

(B) Its physical condition is very large to liquid or volatile (100%) respiratory and skin; and (100%) pulmonary and skin;

easily absorption.

(c) TCE is known to increase the risk of non-batfinites, liver cancer, and is classified by the International Cancer Research Institute (IARC) as a rock suspected substance, and non-patfinites and its inorganic compounds (excluding Aarsens), as a substance causing pulmonary cancer, skin cancer, etc.

of Group 1, which is known by the International Cancer Institute, is designated as a rock material of Group 1.

D) According to the results of the study on components of 108 domestic new or processed products (195), ingredients consisting of the largest weight in Nana were 108 Toluene (2 to 50%) Cluene (8 to 27.8%) Meluene (36% on August 2, 200), Meluene (36% on June 32 to 16.10%) ethylbene (10% on January 32 to 1995). 8 (7.4% on July 4).

The benent was detected in the material, and the benent content was 0.1 to 56.7%.

[Recognizing the absence of dispute, Gap evidence 3-1-4, Gap evidence 4-2, Gap evidence 5-2, 3-2,

Gap evidence 6-1, Gap evidence 10, 14, 15, 17, 18, 21, 24, Gap evidence 19, 22-1, 22-1, 2, Eul, respectively.

- Evidence Nos. 2, 7, 8, Eul evidence Nos. 9-1 to 3, the purport of the whole pleadings

C. Determination

1) The term "occupational accidents" under the Industrial Accident Compensation Insurance Act means occupational accidents involving workers while performing their duties.

Since an accident caused by his/her duties refers to a disaster caused by his/her duties, there must be a reasonable relation between the business and the disaster, and in this case, the causal relationship between the worker's duties and the disease or the death caused by the disease must be proved by the party asserting it, but the causal relationship must be necessarily

It is not necessary to prove clearly medical, natural and scientificly, but to prove that there is a proximate causal relation between work, disease, or death in light of all the circumstances, such as the state of health at the time of employment of workers, the cause of disease, whether there was a cause of the outbreak in the workplace, whether there was a cause of the outbreak in the workplace, and the period of service in the workplace where the cause of the outbreak is located (Supreme Court).

See Supreme Court Decision 2003Du12530 delivered on April 9, 2004

2) In addition to the facts mentioned above and the following circumstances known from this, the fact that the causes of the leukosis have not been clearly identified in modern studies and that may arise in the workplace.

industrial accident compensation insurance to which the whole industry and society share risks to safety and health, not exclusively to either the employer or the worker, but also to the public (public) insurance.

In light of the purpose of the Do, even though the deceased’s death causes, the outbreak of acute brutal leukosiss

Ro Even if it was medically revealed that the deceased was not clearly revealed, the deceased was in the second place of entertainment business.

It is reasonable to deem that there is a proximate causal relationship between the category of acute leuk blood and its work, which have arisen on the deceased, as a result of the fact that the continuous exposure to all hazardous chemicals, including the lebalams of lebalosis, caused a acute lebalosis, or at least promoted the outbreak thereof.

A) ① In all the amount of 6 kinds of bents used by Samsung C&M at the time of 2009, bents were detected, and its bents reached a maximum of 8.91 p.m. 91 p.m. ② In the case of sulphal resin based on the cirical phenomenon in light of the bructic phenomenon, it can generate cryms, sulphal or alphalale, etc. in acids and sulds, etc. in the vesical phenomenon process, or in the vesical formula process, in vesical angle process.

The amount of dives circulated to Earba shall be finally removed from the food process he was in charge of the Deceased, iii)

In full view of the fact that TCE, which appears to have been used in the corrosion process of the plant at the end of the 1990s in which Samsung Electronic’s environmental pocket book was manufactured, is considered to have been suspected of inducing cryp, etc., which is a similar system, as substances not currently used, and the fact that (4) otherwise, it cannot be ruled out that bench or ethyl dypoid, etc., which is a new substance used in the food process or in the BOE, can not be used as a cryp, etc., which is a styp or ethyl dypoid, which is a substance in the food process, cannot be ruled out that two persons at the time of the work of the deceased, are currently recognized as b

there is probability that there is a possibility.

B) Results of working environment measurement conducted by the Company one to two times a year, or samples of occupational health and safety research institutes

As a result of the gathering, almost all of the climatic substances, such as bee or salkhyd, are not detected.

The fact that only the quantity of the general atmosphere level was detected is as seen earlier, but the result of these measurements is most recent data whose perception of hazards of chemicals has increased and whose working environment has been strengthened, as well as the recent data whose working environment has been strengthened, such measurement results are engaged in PM work, or electric power, and snow.

It does not reflect the possibility of the leakage of chemicals in abnormal conditions, such as a studio, accident, etc.

and, in fact, from 2007, paper gas reduction engines in 5 Ra, eight Ra, etc., of the interest plant; or

In the process of the 2012 Research Institute on Industrial Safety and Health, it has been revealed that the concentration of harmful gas measured at the time of the PM work was higher than the concentration at the time of the general work.

The results of the inquiry are whether chemicals generated during the ordinary and continuous work process are leaked or not.

Since it is insufficient to use it as a material to determine B, such measurement alone cannot deny the relevance of work. Rather, the Deceased may have a chemical substance while performing damping work with the manual equipment.

During the interim cleaning process, the waferer was carried out, and the waferer was not directly transferred the waferer in a state where the wafers, yellow acid, BOE, etc. are not completely removed, and during that process, the waferer did not wear sufficient protective equipment such as respiratory protective equipment.

J. In light of the fact that the work period of the Deceased was about four years and ten months, the Deceased shall be deemed to have exceeded four years and ten months.

It is judged that the results of the working environment measurement or the results of the industrial safety and health research institute are exposed to more hazardous chemicals than the results of the measurement.

C) Bentte oxides, 2- Mexan, Blux, non-product and its inorganic compounds, among chemicals used by Samsung C&M in the wafer processing process, or secondaryly produced or measured in Rain in the processing process, as seen earlier, and R&D (T fire extinguishing cost)

(x) Rocks, amnitrosium (NI), IPA, human acid, nitrogen oxide, Cropic acid, cluene, Toluene, Toluene, Toluene, luxine, sulfur hexin, and so on. However, substances, the exposure standards for which have been established due to harm to the human body, have been set. In particular, sulfur oxides, hydrogen and its inorganic compounds among them, sulfur hexac, 2- mertan, Toluene, and Toluene.

UNFCCC is classified as reproductive toxic substance, and even if used or reduced in the process that the deceased does not take charge of, the effects on the deceased shall be reconvered through the ventilation system by mixing the air, and on the deceased.

As such, if the deceased is exposed for a long time in combination with such harmful substances, the possibility of the outbreak of lebane diseases can be increased by causing a rise effect with the lebane or the lebrheaous substance prior to being exposed for a long time.

D) Whether or not the deceased’s cancer is exposed, and the degree thereof is no longer possible.

The reason is that, along with the characteristics and limitations of White Blood disease with a locker for a certain period of time, the data on chemicals used at the time of the deceased’s work were not preserved properly, and some of the data were caused by Samsung pre-generations who did not disclose them on the ground that they are trade secrets. In such a situation where it is difficult to grasp harmful substances due to reasons not attributable to the worker, it is inconsistent with the burden of proof on the part of the worker to bear the strict burden of proof on the nature of the work.

E) There is no person suffering from blood disease or cancer disease among the deceased’s family members, and the deceased is the deceased.

In light of the fact that there was no health problem at the time of entry and there was no alcohol, tobacco, and the deceased’s age at the time of death and that at the time of death, the deceased was 29 years of age, etc., they were fry or land related to the outbreak of lebal disease.

Samsung E&M appears to have never caused occupational outbreak, and Samsung E&M is the first workplace of the deceased, and0

In consideration of the diving of the blood disease, it does not seem that the leuk Electronic Retirement caused an element after Samsung Electronic Retirement, and that the leuk disease occurred.

3. Conclusion

If so, the disposition of this case which judged that the deceased was not deceased due to an occupational disease is unlawful, and the plaintiff's claim seeking its revocation is reasonable, and it is so decided as per Disposition by the assent of all participating Justices.

Judges

Judge Lee Sung-soo

Judges Lee Byung-hee

Justices Kim Tae-hun

Note tin

1) The level of exposure to the causes of lethal diseases (benent, ionolythal, 1, 3-buniene, ethylene dyeth) may be natural exposure, if the level of exposure is natural exposure.

As a result of epidemiologic research, opinions (six persons) that it is difficult to deem that there was a professional exposure in the results of epidemiologic research and the causes of leuk blood disease.

It is an opinion that the accurate level of exposure is not known, but it seems that it is not high (one person).

2) The relationship between the disease and the work is difficult to determine exactly the past working environment by working for five years at the young age.

It is an opinion that it is difficult to completely exclude or recognize.

3) The diameter of this material after it was made by inserting the solid container fixed on the high-speed line into the main material and turning it into the main material, and then making the original pole of the solid container in diameter.

From 5 10cc to 10cc, dubly cut in a thickness dumen and dubly cut in a single side.

4) It is also called softening and reduced softening operations.

5) The instant epidemiological investigation report (Evidence A No. 18) is a photograph attached to 10 pages.

6) QDR ( Quick Dump and R.): DI. Quick Roster ( pure water without temperature).

7) It is used at a rate of one million minutes when a certain quantity accounts for several millions in total.

8) 1 billion Won per cent, amounting to 1/1,000 of pm.

19) The material subject to the measurement is a kind of acid (sulfur, fluor acid, salt acid, nitrogen), organic solvents (nonpropropy alcohol, Toluene, cluene, etc.), spoin, 2

Helthon (2-Hetland), ethylglycol (Etylene Glyl), beegly, hexe, domination (floride), n-ethyla ether (n-Butyl)

The Aceate, cellrotic conducte, proteglycol Moomthyl, protetra, protenomian Moomomyl

eth page 017.

10) The place of work prepared to proceed with one of the semiconductor manufacturing processes is beer, and the center of a tension corridor is used.

It is called the whole of the working space that be placed on the left and right of bees.

11) Trorce is detected but it is not meaningful to measure accurate quantities, under the terms used.

or detected limit means less than 100s.

12) A location below the lower floor in the inner space of pipes and ancillary facilities necessary for the operation of semiconductor production facilities.

section 22.

13) PM operations were conducted for 30 minutes and other operations were not conducted in the remainder of time, so 30 minutes were performed.

The concentration during the period is to be above the number of times the average concentration. The same applies to the measurement results for hydrogen and inorganic compounds.

is the same.

14) Since July 1, 2013, after the instant disposition, it can be deemed that the medical research results were reflected in the most recent years.

(2).

15) As a method of classifying cancer substances by the International Cancer Institute, the classification criteria are as follows:

Site of separate sheet

[Attachment 1]

Environmental Pocketbooks

00 GAS by process

A person shall be appointed.

○ Chemical substances by process

A person shall be appointed.

[Attachment 2]

Chemicals used in 3 Raining and drying processes at the time of 2007

A person shall be appointed.

[Attachment 3]

2D Working Environment Measurement Results (Law No. 1999, 2001)

A person shall be appointed.

[Attachment 4]

gas reduction warnings; details of occurrence of gas reduction alerts;

[Attachment 13] The occurrence status of 5Ra for the last six months (by material name)

[Attachment 5]

Standards for exposure to hazardous substances;

A person shall be appointed.

Note: 1. Skin marking material means any substance that can be absorbed into a glar, snow, and light so as to cause an impact on the telegraph (not referring to a skin stimulation).

2. The indication of climatic information materials shall be indicated as follows in accordance with the standards for classification and indication of chemical substances and substance safety and health data:

(a) 1A: A substance that has sufficient amprative evidence to humans;

(b) 1B: A substance with sufficient climatic evidence in an experimental animal, or with limited climatic evidence in both the experimental animal and the person;

(c) 2: Materials whose evidence is limited by humans or animals, but whose evidence is not adequate for classification as one;

3. The indication of substances subject to information on the change of reproductive cells shall be indicated as follows in accordance with the standards for the classification and indication of chemicals and substance safety and health data:

(a) 1A: The substances that prove the result of epidemiological investigation conducted by people; and

(b) 1B: Any of the following substances:

(1) Training in a biochemical (invivoet) using spores, incephenogenesississis, incephenogenesissis test.

(2) A living body part-time (invivovo) by using sporesste fuel is trained in a somatic-cell diversology test, and there is evidence that it may cause a sudden change to reproductive cells.

(3) Training in human reproductive cell transformation therapy tests, such as an increase in the frequency of generation of embryos from exposed sperm cells.

(c) 2: A substance that falls under any of the following and is likely to cause a genetic parthenogenesis to a reproductive cell:

(1) Training in a biochemical (invivovo) using spores, in a biochemical cell dypology test.

(2) In any other biochemical (invivovo in vivovo) embryonic genetic toxicity test using experimental animals, and additionally entered in an examination in an examination tube (invivo invivo in vivo in vivo in vivo) in an examination tube.

in the event of proof

(3) Emotional dysology tests using somatic cells are conducted, and have a relationship between well-known reproductive cell transformationability factors and chemical structural activation factors.

4. The indication of substances with reproductive toxic information shall be indicated as follows in accordance with the standards for classification and indication of chemicals and substance safety and health data:

(a) 1A: A substance that has evidence in a person to the extent that it is judged that the person has an adverse effect on sexual function, reproductive capacity, or growth;

(b) 1B: A substance that has an animal experiment evidence to the extent that it is presumed that the person has a negative influence on sexual function, reproductive capacity, or growth;

(c) 2: A person who is likely to have an adverse impact on his/her sexual function, reproductive capacity or growth, or a substance that has an animal test evidence;

(d) Poisonousity: Any of the following substances:

(1) In the study of absorption, Ambassador, distribution, and distribution, the possibility of existence of the breast-feeding of the substance at a potentially toxic level of the substance.

(2) In the result of research by one household or two households on animals, harmful impacts on their descendants or harmful impacts on the quality of breast-feeding shall be imposed on their own, as transferred through breast-feeding.

that there is clear evidence

(3) There is evidence of any person who causes harm to children during the period of breast-feeding.

(hereinafter referred to as "not to be omitted) end.

참조조문

-산업재해보상보험법 시행령 제34조 제3항

-원자력법 시행령

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