209Nu1891 Revocation of the revocation of an approval for non-approval for additional soldiers;

Faz.

OO-dong OO-dong ○ apartment O-dong 00

Attorney Min-young et al., Counsel for the defendant-appellant

Korea Labor Welfare Corporation

Yeongdeungpo-gu Seoul Metropolitan Government Yeongdeungpo-dong 2 94 - 267

The 19th floor of the Kudong Building by Jung-gu Seoul Metropolitan Government Jung-ro 3

Representative President Kim Won-won

Litigation Performers Order Governing the Rights of Litigation Performers

Seoul Administrative Court Decision 2008Gudan12729 Decided June 9, 2009

January 14, 2010

February 4, 2010

1.The judgment of the first instance shall be modified as follows:

A. On March 20, 2008, the defendant revoked 1/4 of the additional injury and disease approval disposition against the plaintiff on March 20, 2008

B. The plaintiff's remaining claims are dismissed.

2. 3/4 of the total litigation costs is assessed against the Plaintiff, and the remainder is assessed against the Defendant, respectively.

The judgment of the first instance shall be revoked. The defendant's disposition of non-approval of additional injury and disease against the plaintiff on March 20, 208 shall be revoked.

If the cancellation is.

1. Details of the disposition;

가. 원고는 2007. 2. 5. 소외 ㅇㅇㅇㅇ ( 이하 ' 소외 회사 ' 라 한다 ) 에 입사하여 근무하던 중, 2007. 4. 20. 업무수행 과정에서 나타난 복시 현상과 관련하여 ' 좌측 6번 뇌신경 마비, 복시, 우측 비출혈 ' ( 이하 ' 이 사건 최초상병 ' 이라 한다 ) 의 진단을 받고 피고로부터 이에 대한 요양승인을 받았다 .

B. On January 8, 2008, the Plaintiff applied for the approval of the medical care with an additional injury to the Defendant, who was under the medical care as seen above, on the ground that the Defendant was the Maternal Epid Epid Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mads

C. On March 20, 2008, the Defendant rendered the instant disposition that rejected the Plaintiff’s application for approval of the above additional injury and disease on the ground that it is difficult to recognize the proximate causal relation with the previous first injury and disease.

2. Whether the disposition of this case is lawful

A. The parties' assertion

As to the Plaintiff’s assertion that the instant additional injury and disease were caused by psychological sense and stress arising from the outbreak of the instant first injury and continued pain, and that the instant disposition that reported differently despite the existence of proximate causal relation with the first injury and thus, is unlawful, the Defendant asserts that the instant additional injury and disease were not in proximate causal relation with the Plaintiff’s duties or the first injury and disease in this case, or most of them were due to the Plaintiff’s personal vulnerability or genetic personality, and thus, proximate causal relation exists.

(b) Fact of recognition;

1) On February 5, 2007, the Plaintiff joined the non-party company and was in charge of manufacturing the original amount of products, explaining products, and purchasing contracts, etc. At the time of entry. In principle, the Plaintiff worked 5 hours per week and 8 hours per week. However, from March 5, 2007 to April 3, 2007, the Plaintiff worked 14 hours per week (from March 5, 2007 to 10 p.m.) and from April 4, 2007 to April 19, 2007 18 hours per day per week (from April 8, 2007 to April 2, 207).

B) On April 20, 2007, the Plaintiff, while performing its duties, received treatment from nearby internal medicine, immediately after being diagnosed by the first injury and disease at ○ University Hospital on April 23, 2007, but continued to receive treatment after being diagnosed by the said first injury and disease. However, on October 5, 2007, the Plaintiff had no abnormal opinion on the results of MRI shooting and brain wave testing, and was transferred to the ○○ University Hospital and the hospital located in Seoul on May 14, 2008.

다 ) 원고는 최초상병으로 치료 중이던 2007. 11. 16. 부터 ㅇㅇㅇㅇ 정신과의원에서 정신과 진료를 받으면서 이 사건 추가상병의 진단을 받고, 피고에게 위 추가상병에 대한 요양승인 신청을 하였으나, 피고는 2008. 3. 20. 이를 불승인하였다 . 2 ) 기왕증 치료

원고는 이 사건 최초상병의 발병 이전부터 눈 및 코 부위와 관련하여서, 난시 , 누선의 기타 장애, 근시, 기타 급성 결막염, 기타 명시된 망막 장애 ', ' 상세 불명의 알레 르기성 비염, 상세불명의 급성 부비동염, 비의존 당뇨병 ’ 등으로 치료를 받아 왔다 . 3 ) 의학적 소견가 ) ㅇㅇㅇㅇ 신경정신과의원

The actual results showed that there was no well-known mental problem prior to April 2007. The symptoms have occurred since the stressed due to the depression of vision and eye pain, etc. In the meology test conducted in meology, and there were symptoms of depression, such as the suicide accident, mitigation, depression, and the eutic disorder, etc. in the meology test conducted in meology, and there was a high possibility of depression due to stress on the pain and pain caused by injury on April 2007.

The actual results of deliberation and inspection conducted on January 5, 2008

- Food has been clear, and the remaining forces of the human body are maintained, but the remaining forces of time and place are maintained in part.

- In the intellectual ability, the original intellectual potential (presumed I Q Q 130 degree: the highest level) and the current intellectual ability (language level I Q 71, I Q 73, total I Q 70: boundary level) has been significantly deteriorated.

- The causes of intelligence low-level may be suspected of the climatic defects of the brain, but may also occur in cases of severe mental symptoms.

- In response as if the reality-verification and self-governing function have been impeded, it is a situation where all mental functions such as the ability to identify the past, the long-term detention, the short-term detention, the selective caution, the ability of continuous caution, the ability to pay attention, the ability to calculate calculation, the ability to understand the snow or meaning in a social situation, visual towing, the ability to understand the material part of the object, the ability to understand the snow or meaning in a social situation, the ability to solve problems, and the ability to understand the snow or meaning in a social situation, such as the ability to understand the visual towing, the ability to understand the snow or meaning in a social situation, the ability to understand the snow or meaning, and the ability to understand information processing speed, including the ability to verify the reality, the integrated function, memory, memory, the thinking function, the forecast ability, the ability to understand the material parts of the object, the ability to understand the visual part, and the ability to identify the visual part of the accident.In particular, it appears that the accident including the ability to identify the accident, the detailed and detailed nature of the accident.

- In emotional and behavior, a serious level of depression, apprehensions, portraits, fears, and tensions are very low in terms of desire and activity, so that emotional and emotional expression is very infinite and very limited to external environment. It seems that there is a possibility of dynamic behavior (including suicide) without considering the situation or behavior's consequences because it is very unstable and considerably weak in desire-saving and behavior control and emotional control power.

-the features of which are changed, have no sporacy, are very passive and simple, are in mind in the real world, are influences to the real world, are doubtful, doubtful or thinking another person's intention or motive is concerned with him/her, and shows an aesthetic spirit, and shows an aesthetic aspect.

- In personal relations, adaptation formation is difficult due to accidents, emotional and behavioral changes, change of character, etc. and tendency to withdraw.

In full view of the above examination reaction, it is thought that there is a very serious decrease in recognition function including intelligence low level, and that it is accompanied by a mental disorder to the extent that it is difficult to explain only with the mental symptoms, and that there is a lack of recognition disorder to the extent that it is difficult to explain even with the mental symptoms. If Brain Sychtic DNA is excluded after implementing Brain Study, it would be necessary to consider Psychtic DNA Specal.

B) The Defendant advisory doctors’ conference

The actual tax rate of February 20, 2008.

Re-deliberation after checking data on brain resistant damage and euthanasiacy;

The actual tax rate of March 19, 2008

On the basis of the results of the medical record of the MasI, there is no abnormal opinion on brain, and it is not reasonable to recognize any additional injury or disease requested in relation to the present mental state because there is no medical basis to prove a substantial causal relationship with stress in the first injury or place of business. The additional injury or disease requested in relation to the present mental state is reasonable because there is no medical reason to prove a substantial causal relationship with stress in the first injury or place of business.

C) A review of the data of one applicant for the advice of the Defendant’s review body (1) by the Defendant’s review body was conducted, and there was an opinion consistent with the Eulphical Eulph, such as depression and suicide accident, but the result of the review conducted on January 2008 does not coincide with the results of the first examination and inspection conducted on the ground that there is insufficient grounds that the Eulph was caused due to the first occupational accident, so it is reasonable to recognize the Eulphal disease as not to be caused. (2) In reviewing the relevant data of the advice, it is apparent that the Eulphal condition is apparent when considering symptoms, such as depression, anxiety, self-harm, etc., such fact is determined to have been caused by the vulnerability of an individual who has no causal relationship, and therefore, it is reasonable to recognize the Eulphal disease.

D) Medical corporation ○○ Hospital (Inquiries for Inquiries)

- The date of treatment shall be October 5, 2007 / December 4, 2007 / January 9, 2008 / January 16, 2008 / May 14, 2008

- Name of diagnosis

Man-si, No. 6 Man-si

-the causes of the outbreak

In light of the medical records at the ○○ University Hospital around April 2007, it appears that the medical records were considered to be re-written due to the 6th Galma in ○ University Hospital. Although ○○ University Hospital had been reasonably involved in the 6th Galma in the 6th Galma, it was difficult to find relevance with the observation of the first diagnosis of the hospital in light of the medical records at this hospital. Since she was based on subjective symptoms, it is difficult to conduct accurate diagnosis.

- The symptoms primarily complained for are insufficient objective evidence to explain them under the vision.

- conduct tests for accurate diagnosis prior to the curative approach and prescribe artificial accumulated amount.

- The starting point in 2007 is relatively well maintained in both sides 1.0, but at the time of internal origin on May 14, 2008, there is a decrease of 0.03 and shore safety balance.

- The prosecutor does not seem to have any special response to treatment, and the cooperation is well known, so it is not well available.

- The 6th Galma may occur due to the macy (urine, high blood pressure, etc.), trauma, cerebral ma, etc., and there are many cases where they may know the cause. symptoms are the main symptoms of the duna, and there is well-being movement out of the eye with 6th marith in the algum movement. In most cases of machina and trauma, most of the 70 to 80 per cent marith when waiting for three months. In all cases of machina or trauma, it is difficult to provide them en bloc because they are different depending on their degree.

마 ) 진료기록감정촉탁결과 ( ▲▲대학교병원 ) ( 1 ) 안과

Does the left-hand side of the Republic of Korea No. 6

- The results of an inspection conducted at ○ University Hospital on April 24, 2007 showed that there was a dynamic response, and there was an obstacle to the left-hand side in the left-hand side on the left-hand side at the 6th left-hand side of the left-hand side, which led to no peculiar opinion, except that there was a fallation on the network of the friendly. A reasonable 2prithm and the long-distance 10thm internal death was observed.

- The diagnosis issued by the ○ University Hospital on June 1, 2007 is accompanied by an internal tool and there is a base 4frithm, a long distance 8frithm observer.

- On October 5, 2007, the Ministry of Health and Welfare complained of pains at the left-hand side of the coordinates, and the correctional eyesight was 5.5.5, Coordinates - 5.75sph, and 20/20 of both sides with an inner diameter, and there was no diplopia (no diplopia). At a temporary inspection, there was an external history of 12-14thm (XT) in the internal and CT.

Tagen F®를 복용하는 것 외에 특별한 수술 없이 경과 관찰을 하였- 원고에 대한 치료는 종결되었음 .

- The post-treatment will not remain.

Related to the right-hand ney disorder

- In the diagnosis and treatment on January 16, 2008, there is a record that there is a warning that the neute is doubtful in the neute of the neute, and there is a record that there is a neutism of the neute in the care and treatment on January 21, 2008.

- Although these two forms are similar, all of them are not related to congenital disorder in a congenital case. The plaintiff has not caused obstacles to the function of the city due to these two forms, and are irrelevant to pain.

- On September 6, 2007, there is an appeal for pains about the right eye in the care and treatment inside ○ University Hospital on September 6, 2007. In addition, most of the pains are related to the coordinates.

- The artificial accumulated amount was prescribed in the inside of the ○ University Hospital.

- Treatment has been completed and is not left after legacy.

- The problem of the right-handalism is not related to occupational disease or post-treatment in the treatment process.

(2) Is non-person; and

- The symptoms of the expert witness present are in the state of blood transfusions due to the domination of the weight (the form of unconstitutional) at the center of noses.

- The treatment at the OO University Hospital is to dissipate the unsatisfying points and to be prescribed annually. These treatment plays a role to prevent transfusions by reproducing the strings.

- The treatment may be deemed to have been terminated, provided that the symptoms of the expert witness are various causes.

In other words, it is possible to repeat at any time due to the credit, etc. of a reduction or coin (mainly fluor by the finger), but it is possible to cure by preservation and simple treatment.

- I think that there is no legacy due to the symptoms above.

(3) Mental branch

- The general causes of depression may cause social and environmental factors (such as living or social factors) and patient’s factors (personal vulnerability, genetic vulnerability, etc.). The symptoms of depression cause serious pain or harm in terms of society, occupation, or other important functions such as the loss of a patient’s personal vulnerability, interest or enjoyment, the reduction of meaningful weight or concentration, the decrease of accident or concentration, the perception of repeated death without any specific plan, or the perception of repeated suicide thoughts or suicide attempts or suicide execution, or other significant functions.

- Normal circumstances in view of the RoI’s opinion taken on April 23, 2007

- The Plaintiff did not have any depression prior to the treatment of the instant occupational disease, and, in the event of the Plaintiff who did not have any IMI or higher opinion, there may be some contributions to the outbreak of the e-mail, such as the occurrence of disorder to the right-hand vision, the e-mail, the depression, the e-mail pain, the lack of waters and apprehensions thereby, the reduction of e-mail, the over-concentration and stress, etc., among the treatment process of the instant occupational disease (the contribution ratio of the cause of the outbreak is 30% recognized).

[ 인정근거 ] 갑 제2 내지 12호증 ( 가지번호 포함 ), 을 제1호증의 각 기재, 국민건강보험공단 ○○지사장, 의료법인 안과병원에 대한 각 사실조회결과, ▲▲대학교병원장에 대한 진료기록감정촉탁결과, 변론 전체의 취지 .

C. Determination

1) The term "occupational accidents" under the Industrial Accident Compensation Insurance Act refers to the worker's injury, disease, disability, or death resulting from his/her occupational duties while performing his/her duties. Therefore, in cases where the accident is a disease, a proximate causal relation exists between the worker's occupational duties and the disease. In such cases, the causal relation between the worker's occupational duties and the disease should be proved by the party asserting it.

② Meanwhile, in a case of compensation for damages, where the perpetrator asserts that the aftermathy disability of the victim was caused by the king evidence, the perpetrator’s assertion is denied the causal relationship under the litigation law. Therefore, the victim must actively prove that the causal relationship exists between the accident and the injury in question, i.e., the causal relationship between the accident in question and the injury in question, or that there was no aftermathy disability caused by the king evidence passively (see, e.g., Supreme Court Decisions 9Da2171, May 11, 1999; 2001Da80778, Sept. 4, 2002). In a case where the victim’s spathymism aggravated from the accident, which led to the expansion of the degree of subsequent disability after the completion of treatment, it is reasonable and reasonable to reasonably determine the amount of compensation equivalent to the whole damage in accordance with the degree that the victim contributed to the occurrence of the whole injury including the specific injury in question, to the extent that it can be reasonably determined from the overall evidence and degree of contribution.

③ The concept of contribution to the above compensation case is thought to have no reason to introduce the industrial accident compensation system that requires a proximate causal relation between the work and the disease. The detailed reasons are as follows.

④ First of all, there may be criticism that the introduction of the concept of contribution to the industrial accident compensation system is inappropriate in light of the nature of the living security of the industrial accident compensation system. However, the nature of the accident compensation system or the industrial accident compensation system in the Labor Standards Act is that the principle of negligence liability and the theory of comparative negligence should not be applied unless otherwise specifically provided by the law, and it cannot be said that there is no causation (if there is no causation, this would result in the conclusion that the work-based personality is unnecessary in recognizing the occupational accident). It is not reasonable to have such criticism as above.

(6) In addition, by introducing the concept of contribution ratio, many industrial accidents can be solved simply and promptly through mediation recommendation, etc.

7) Meanwhile, even if an external administrative disposition is a single administrative disposition, if only a part of the disposition can be different or specified, only that part can be revoked (see Supreme Court Decision 99Du7210, Feb. 11, 2000). Since all kinds of benefits under the Industrial Accident Compensation Insurance Act are paid in cash, it can be divided into two parts. Thus, if a worker’s disease is based on work, and the remainder is determined to have occurred due to a king, it is reasonable to revoke the non-approval of the application for benefits only for the part arising from the work. 2) The judgment on the instant case is reasonable.

○○대학교병원 안과에서 실시한 MRI 검사 등에서 별다른 이상이 발견되지 않았고, 안구 통증 등이 모두 원고의 주관적인 증상 호소에 따른 것으로서 객관적으로 통증의 존재 여부나 그 정도를 알기 어려우며, 원고는 이 사건 최초상병 발병 이전부터 눈 및 코에 대한 기존질환으로 여러 차례 진료를 받아 왔고, 피고 자문의 모두가 이 사건 추가상병과 최초상병 사이에 인과관계가 인정되지 않는다는 취지의 의학적 소견을 제시하고 있기는 하나, 한편 위 인정사실에 의하여 알 수 있는 다음과 같은 사정 , 즉 ① 피고도 이 사건 최초상병에 대하여는 요양승인을 한 점, ② 원고는 이 사건 최초상병 발생 이전에는 정신과적으로 아무 문제가 없었던 것으로 보이는 점, ③ 피고 자문의들 대부분도 이 사건 추가상병의 존재 자체는 인정하고 있는 점, ④ 이 사건 최초상병의 발생부위인 좌안 부분의 시력이 2007. 10. 5. 의 1. 0에 비하여 2008. 5. 14. 에는 안전수지 ( 시력표를 판독하지 못하여 피검사자의 눈 앞에서 검사자의 손가락 움직임을 세도록 하는 것으로, 1급 시력장애에 해당하는 시력이다 ) 로 감소하는 등 급격한 시력 저하가 있었던 점, ⑤ 원고에게는 눈 및 코 등에 대한 여러 기존질환이 있기도 하였지만, 이 사건 최초상병에 대하여도 비교적 장기간 치료를 계속받아 왔고, 그럼에도 불구하고 통증이 계속되는 등 그 상태가 크게 호전되지 아니한 점, ⑥ ㅇㅇㅇㅇ 신경정신 과의원은 이 사건 최초상병으로 인한 심리적 절망감 및 통증이 이 사건 추가상병의 발생원인이라고 하고 있는 점, ⑦ ▲▲대학교병원 ( 정신과 ) 은 우울증 에피소드의 일반적 발병원인으로는 사회 환경적 요인 ( 생활사적 사건과 같은 정신사회적인 요인 ) 과 환자의 요인 ( 환자의 인격적인 취약성, 유전적 소인 ) 등이 원인이 될 수 있다면서, 원고의 경우 이 사건 업무상 질병의 치료과정 중 우측 시신경의 장애 발생, 시력저하, 안구통증, 이로 인한 수면부족 및 불안감, 절망감과 과로 및 스트레스 등이 우울증 에피소드의 발병 또는 악화에 30 % 정도 기여하였을 것이라고 하는 점 등에 비추어 보면, 이 사건 추가상병은 상당 부분 원고의 기존질환 또는 개인적인 취약성 등에 기인한 것이지만, 그 일부는 이 사건 최초상병 및 그 치료과정이 원인이 되어 발생하였다 할 것이고, 이 사건 최초상병 및 그 치료과정이 기여한 비율은 앞서 본 여러 사정에 비추어 볼 때 1 / 4 정도로 봄이 상당하다 .

3) Sub-decisions

Therefore, 3/4 of the disposition of this case is legitimate, but the remaining 1/4 of the disposition of this case shall be revoked as it is unlawful.

3. Conclusion

Therefore, the plaintiff's claim of this case is reasonable within the above scope of recognition, and the remaining claim is dismissed as it is without merit. The judgment of the court of first instance is unfair with some different conclusions, and it is so decided as per Disposition by accepting part of the plaintiff's appeal and changing the judgment of the court of first instance as above.

The presiding judge shall appoint a judge

Judges Yellow-line

Judges Kim Jae-sung