[Plaintiff, Appellant] Plaintiff
[Defendant, Appellee] Korea Workers' Compensation & Welfare Service (근로복지공단)
[Judgment Below] Busan High Court Judgment 98Nu3884, decided September 10, 1999
[Order]
The judgment below is reversed, and the case is remanded to the Busan High Court.
[Reasoning]
The grounds of appeal are examined.
1. According to the reasoning of the judgment below, the court below found that the Plaintiff joined the non-party company on October 14, 1993 and had been working in the pipe-fitting and processing section, and that on October 4, 1997, while working at the non-party company's worksite, the Plaintiff was pushing by hand a cast iron pipe of 700㎜ in diameter that had failed to enter the curing room and was caught, when the pipe sprang out and struck the Plaintiff's body, causing a sharp pain in his back and causing him to collapse on the spot; after the accident, the Plaintiff was diagnosed with spondylolisthesis at the L4-5 level. Regarding the Plaintiff's argument that this injury/disease constitutes an occupational accident and that the Defendant's disposition of non-approval of medical care benefits in this case is therefore unlawful, the court below rejected the argument on the following grounds: the said injury/disease was a pre-existing condition already identified in the physical examination conducted at the time the Plaintiff joined the company, and it is difficult to conclude that the degree of listhesis further progressed due to this accident; moreover, even assuming that the Plaintiff's condition did progress further, in light of the results of the physical examination commissioned by the court below, it is difficult to view that the condition progressed all at once due to this accident; and considering that the work the Plaintiff had ordinarily been in charge of did not place a significant burden on the back, and that spondylolisthesis is a condition that may progress due to repetitive movements in daily life, etc., it is difficult to recognize that the Plaintiff's pre-employment symptoms rapidly worsened or manifested beyond their natural course due to the work performed at the non-party company.
2. Upon examination, 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 thus there must be a causal relationship between the work and the occurrence of the accident; however, even where the injury/disease is a pre-existing condition not directly related to the work, if it has been further aggravated or its symptoms have manifested for the first time due to an accident or the like arising in connection with the work, a causal relationship with the work must be found to exist (see Supreme Court Decision 89Nu2318, decided November 14, 1989). Furthermore, in such a case, while the party asserting the causal relationship bears the burden of proving it, such causal relationship need not necessarily be clearly proven in a medical or natural-scientific sense; proof shall be deemed to exist even where, considering all the circumstances such as the worker's state of health at the time of employment, the circumstances of the onset of the disease, the nature of the disease, and the course of treatment, a proximate causal relationship between the work and the disease can be inferred (see Supreme Court Decision 91Nu10022, decided May 12, 1992).
However, according to the reasoning of the judgment below and the record, the following facts can be ascertained: in the physical examination conducted around October 14, 1993, the date the Plaintiff joined the company, an isotope test showed that the Plaintiff's L4-5 vertebrae were displaced by approximately 4㎜ (8.3%); a CT scan conducted around October 15, 1997, shortly after this accident, showed the degree of displacement to be 10㎜ (20.8%); however, according to the results of the physical examination commissioned by the court below and conducted around August 1999, since the isotope test and the CT scan use different testing methods, they cannot be evaluated on a uniform standard, and the Plaintiff's degree of vertebral displacement showed Grade 1 findings both at the time of employment and immediately after this accident; nevertheless, although the Plaintiff had the aforementioned pre-existing condition at the time of joining the non-party company, since its degree was mild, the Plaintiff worked in the same job for more than four years at the non-party company without complaining of back pain or showing any decline in work capacity compared to other workers; the work the Plaintiff had ordinarily been in charge of at the non-party company was the repair and transport of small-diameter cast iron pipes, but at the time of this accident, since there was no worker in charge of large-diameter cast iron pipes, the Plaintiff was forced to handle large-diameter cast iron pipes, which he did not ordinarily handle, and thereby suffered this accident.
Furthermore, medical care benefits under the Industrial Accident Compensation Insurance Act, unlike disability benefits and the like, whose principal purpose is to guarantee, up to a certain level, the working capacity lost due to an occupational accident, have as their principal purpose the cure of the injury/disease caused by the occupational accident and the restoration of the lost working capacity to its original state. According to the record, after this accident, the Plaintiff, feeling something wrong with his back, left work early and, while on his way home, was unable to bear the pain, went to a hospital for examination, and was subsequently hospitalized; and according to the diagnosis and test results at that time, approximately four weeks of hospitalization and treatment were required. Given these circumstances, it is reasonable to view that the sudden manifestation of the symptoms of the pre-existing condition, which the Plaintiff had not ordinarily felt as painful, occurred because the condition was significantly aggravated beyond its natural course due to the injury caused by this accident. Even if, as shown in the results of the physical examination commissioned by the court below, the Plaintiff's pre-existing condition did not become fixed in a more aggravated state due to this accident, in the present case where the Plaintiff did not claim disability benefits from the Defendant but merely applied for medical care, the period from when the Plaintiff sustained the aforementioned injury and specifically manifested pain, etc., to a degree requiring hospitalization, until he recovered to the state of the original pre-existing condition, should be regarded as constituting an occupational accident causally related to this accident.
Nevertheless, the court below, based solely on the reasons set forth above, determined that the injury suffered by the Plaintiff due to this accident did not constitute an occupational accident and that the Defendant's disposition of non-approval of medical care benefits in this case was justified. This constitutes an error of law based on a misunderstanding of the legal principles concerning occupational accidents and medical care benefits under the Industrial Accident Compensation Insurance Act, and it is clear that this error affected the outcome of the judgment. Therefore, the ground of appeal pointing out this error is well-founded.
3. Accordingly, the Justices unanimously agree to reverse the judgment below and remand the case to the court below for further hearing and determination, and hereby render judgment as set forth in the Order.
Justice Cho Mu-je (Presiding Justice), Kim Hyung-sun (Justice in charge), Lee Yong-hoon, Lee Yong-woo