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| TITLE | Supreme Court Decision 2019Du62604 Decided May 28, 2020 【Revocation of Decision on Nonpayment of Survivors’ Benefits and Funeral Expenses】 [full Text] |
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| Summary | |
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[1] Method of determining whether there is a causal relationship between a job and a disease that caused death to recognize “death caused by an occupational reason” under Article 5 Subparag. 1 of the Industrial Accident Compensation Insurance Act and the degree of proof for the causal relationship Person based on whom the determination of whether there is a causal relationship between the job and the disease and/or death is made (held: relevant worker) [2] In a case where the first accident inflicted on a worker constitutes an occupational accident that has a considerable causal connection with the job, whether the second accident occurred thereafter is considered as an occupational accident and the method of determining whether the second accident constitutes an occupational accident [3] In the case where: (a) Party A, who engaged in a shift work schedule performing loading and unloading of PVC pipes, showed symptoms of severe respiratory distress resulting from cardiovascular chest pain while resting at a shelter after finishing day work and was sent to the hospital (first accident), where he was diagnosed with possible angina; (b) having recuperated at home for 11 days, Party A returned to work and was discovered unconscious on the floor of the toilet of the dormitory immediately before starting a night shift, after which he was moved to the hospital but died (second accident), the case holding that there is an error in the lower judgment, which determined that it was difficult to recognize the existence of a considerable causal relationship between the decedent’s job and the disease that caused the death |
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