[Plaintiff, Appellee] Shin Dong-young
[Defendant, Appellant] Head of Ulsan Regional Labor Office
[Original Judgment]
Busan High Court Judgment 1989.3.10., 88Gu971
[Order]
The appeal is dismissed.
The costs of the appeal shall be borne by the Defendant.
[Reasoning]
As to the grounds of appeal,
1.
An occupational accident under Article 3(1) of the Industrial Accident Compensation Insurance Act (산업재해보상보험법) means an accident sustained by a worker arising from the performance of duties, and there must of course be a causal relationship between the duties and the occurrence of the accident. However, even where the injury in question is a pre-existing disease not directly related to the duties, if that disease has been further aggravated by another accident that occurred in connection with the duties, a causal relationship must be deemed to exist between the aggravation of the pre-existing disease and the duties.
The court below found that the Plaintiff, an employee of the non-party Korea Electric Power Corporation working as a substation worker, sustained a lumbar sprain injury by wrenching his back while performing the work described in the judgment on two occasions, namely on 1980.7.13. and 1984.9.3. The court below then determined that, although the spinal cord tumor at issue in this case was not caused by the aforementioned lumbar sprain, it is at least recognized that the progression of the tumor was accelerated and its symptoms were aggravated as a result thereof, and therefore the Plaintiff's spinal cord tumor also constitutes an occupational disease. This determination is in accordance with the purport set forth above and is correct, and there is no illegality therein due to misapprehension of the rules of evidence resulting in a mistake of fact, or misapprehension of the legal principles concerning causation, as argued in the grounds of appeal.
2.
Under the Industrial Accident Compensation Insurance Act, the right to receive insurance benefits is extinguished by prescription if not exercised within three years (Article 30(1) of the said Act). Here, the starting point of the prescriptive period is the time when the right may be exercised; in the case of the right to claim medical care benefits, this runs from day to day beginning on the day following the date on which the costs necessary for medical care are specifically determined, that is, the day following the day on which medical care was received. Accordingly, in the present case, where the disease resulting from the occupational accident is ongoing, even if the right to claim medical care benefits for the portion exceeding three years, calculated backward from the time the Plaintiff filed the application for medical care benefits (see Article 30-2(1)(1) and Article 9(2) of the said Act), has already been extinguished by prescription, the right to claim medical care benefits for the portion within three years and for the portion to accrue in the future must be deemed to continue to exist, as the running of the prescriptive period was interrupted by the filing of the application for medical care benefits in this case.
According to the reasoning of the original judgment, the court below interpreted the starting point of the extinctive prescription period for the right to claim medical care benefits as the time when the accident occurred, thereby committing an error of misapprehension of the legal principles in this respect. However, even though its reasoning differs, the court below likewise determined that the Plaintiff's right to claim medical care benefits had not been entirely extinguished by prescription, and accordingly held the non-approval disposition in this case to be unlawful; the result of the judgment being thus correct, the aforementioned misapprehension of the legal principles has not affected the outcome of the original judgment.
3. As none of the grounds of appeal are well-founded, the Justices are unanimous in their opinion to dismiss this appeal, and it is so ordered as stated in the Order.
Justice Kim Ju-han (Presiding Justice), Lee Hoi-chang, Bae Seok, Kim Sang-won