[Plaintiffs, Appellants]
[Defendant, Appellee] Chief of Boryeong Regional Labor Office, Ministry of Labor
[Judgment Below] Daejeon High Court Decision 93Gu942 rendered on January 21, 1994
[Order]
The judgment below is reversed, and the case is remanded to the Daejeon High Court.
[Reasoning]
The Court examines the grounds of appeal submitted by the Plaintiffs' litigation representative.
According to the reasoning of the judgment below, the court below found the following facts: Non-party 1, who worked as an electrician for Non-party Shinan Electric Co., Ltd., while performing scaffolding board removal work together with Non-party 2 and others at an electric tower construction site located in Dokgot-ri, Daesan-myeon, Seosan-gun, Chungcheongnam-do, at around 11:00 on November 18, 1990, was struck on the back of the head by a scaffolding board approximately 5 meters long and 20 cm in diameter that Non-party 2 accidentally dropped, and fell to the ground 3 meters below, sustaining injuries including a compression fracture of the first lumbar vertebra, cerebral contusion, contusions of the left thigh and pelvic area, and herniation of the 3rd, 4th, and 5th lumbar intervertebral discs. The court below found that Non-party 1, having sustained these injuries, was immediately transferred to Yong Hospital located near Seosan City, and received inpatient treatment there as medical care benefits under the Industrial Accident Compensation Insurance Act (산업재해보상보험법) from that time until November 30 of the same year, and was then transferred on December 1 of the same year to Gil Hospital located near his residence in Cheorwon-gun, Gangwon-do, where he was hospitalized for approximately six months, from that time until May 4, 1991, and continuously received treatment as medical care benefits (during which period, from January 16 to January 21, 1991, he was transferred to the Department of Neurosurgery of Jungang Gil Hospital in Incheon for treatment), and was discharged once he had recovered to the extent that he had no difficulty walking. The court below further found that Non-party 1, even after being discharged from Gil Hospital as described above, continued to receive outpatient treatment, but on May 15, 1991, due to severe lumbar pain and bilateral leg radiating pain, he was readmitted to Gil Hospital and received medication and physical therapy, and was discharged on July 6 of the same year; that from that time until August 20 of the same year he again received outpatient treatment; and that he died at his residence at around 03:00 on August 23 of the same year, the exact cause of death being unclear, with the death certificate merely stating, as another physical condition unrelated to the cause of death, an estimate of weakened cardiopulmonary function due to general exhaustion and starvation. The court below also found that as of August 20, 1991, immediately before Non-party 1's death, only aftereffects requiring periodic medication and physical therapy remained, he had no difficulty walking, and general blood tests, liver function tests, and urine tests showed no abnormalities. Based on these findings, the court below rejected the Plaintiffs' argument that Non-party 1 died as a result of an occupational accident, holding that there was no material to find that Non-party 1's death was caused by the aggravation of the aforementioned injury or that there was a proximate causal relationship between the injury and the death.
However, "occupational accident" under Article 3, Paragraph 1 of the Industrial Accident Compensation Insurance Act (산업재해보상보험법) refers to an accident that occurs to a worker in the course of performing his duties and that arises from such duties; therefore, where the accident is a disease or death resulting from a disease, there must be a proximate causal relationship between the work and the disease or death. In such a case, the causal relationship between the worker's work and the disease, or between the disease and the resulting death, must be proven by the party asserting it; however, such causal relationship need not necessarily be clearly proven in medical or natural scientific terms, and it should be deemed to have been proven even where the proximate causal relationship between the work and the disease or the resulting death can be inferred by considering all relevant 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 (see this Court's Decisions 93Nu9408 rendered on October 12, 1993; 91Nu8586 rendered on February 25, 1992, etc.).
Now, in the present case, the injuries sustained by the deceased Non-party 1 in the fall accident at issue at around 11:00 on November 18, 1990 — namely, the compression fracture of the first lumbar vertebra, cerebral contusion, contusions of the left thigh and pelvic area, and herniation of the 3rd, 4th, and 5th lumbar intervertebral discs — must be regarded as quite serious injuries in light of their location and severity. Moreover, according to the facts found by the court below and the record, it can be seen that the deceased had been healthy before being injured in the fall accident, but after being injured in this accident, he continuously received inpatient and outpatient treatment until his death; that at the time of his death, his physical condition had deteriorated to such a degree that his cardiopulmonary function had weakened due to general exhaustion and starvation; that around the time of his death he had continuously complained of severe headaches; and that the staff of Gil Hospital had also recommended that the deceased be moved to another general hospital for treatment. Given these circumstances, the court below should have, even though the results of the general blood test, liver function test, and urine test conducted on the deceased at Gil Hospital three days before his death, on August 20 of the same year, were diagnosed as normal, further examined the following: the cause and course of the deterioration of the deceased's health — who had otherwise been healthy — to the point where his cardiopulmonary function weakened due to general exhaustion and starvation after sustaining the aforementioned serious injuries in this fall accident and undergoing treatment; the changes in the deceased's physical condition during the course of treatment; the course of treatment; whether there was room for any cause other than the aforementioned injury to have contributed to the deceased's death; and the reasons why Gil Hospital recommended transfer to another hospital. The court below should have carefully examined whether there was a causal relationship between the injury and the death based on such further examination.
The court below, without going this far, hastily concluded, based solely on the aforementioned reasons, that there was no proximate causal relationship between the injury and the death. This cannot escape criticism for having misapprehended the legal principles concerning the causal relationship required for "occupational accident" under Article 3, Paragraph 1 of the Industrial Accident Compensation Insurance Act (산업재해보상보험법), or for having failed to conduct the necessary examination, thereby affecting the outcome of the judgment. The argument pointing out this error is well-founded.
Therefore, the judgment below is reversed and the case is remanded, this decision being rendered unanimously by the participating Justices, as stated in the Order.
Justice Ahn Woo-man (Presiding Justice), Kim Yong-jun, Cheon Kyung-song (Justice in Charge), Ahn Yong-deuk