[Plaintiff, Appellant]
[Defendant, Appellee] Head of Seoul Seobu Regional Labor Office
[Judgment Below] Seoul High Court Decision 90Gu16780 delivered on August 30, 1991
[Order]
The judgment below is reversed, and the case is remanded to the Seoul High Court.
[Reasoning]
The grounds of appeal are examined.
1. According to the reasoning of the judgment below, based on the evidence, the court below found the following facts: the Plaintiff joined the non-party ○○ Bus Transportation Co., Ltd., which operates a bus passenger transport business, as a driver on November 1, 1988, and worked as a driver of bus No. 146, which runs back and forth between Suchaek, Seoul and Seongnae-dong, Songpa-gu; the drivers of bus No. 146 were divided into a morning shift working from 04:30 to 14:30 and an afternoon shift working from 14:30 to 00:30, alternating between morning and afternoon shifts on consecutive days, with one day off per week, working 8 to 10 hours per day; the Plaintiff worked under the same conditions and content as other drivers of the non-party company; two days before the accident was the Plaintiff's day off, so he did not work; the day before the accident, he worked the morning shift; on February 21, 1989, the date of this accident, he was assigned to the afternoon shift and began work at 14:30, and while operating the assigned bus, he collapsed due to liver cirrhosis and rupture of esophageal varices and was hospitalized; when the Plaintiff joined the non-party company, he underwent a thorough physical examination including a liver function test and was found to have no abnormalities, and during his subsequent employment he never complained of any particular physical abnormality, so the exact cause and date of onset of the above disease could not be ascertained; and the above disease can be caused or aggravated by overwork, but can also be caused or aggravated by other factors. Based on these findings, the court below determined as follows: generally, bus driving work itself requires some degree of physical and mental tension, but in light of the working patterns of the drivers of the non-party company as described above, the degree of such tension does not appear to be so exceptionally excessive as to cause or aggravate a disease; moreover, the Plaintiff worked in the ordinary manner even around the time the onset of the disease was confirmed, without performing any particularly excessive work; and even if the driving work of the non-party company were of a nature to cause the drivers somewhat excessive fatigue, the Plaintiff had only been employed at the non-party company for a little over three months at the time the onset of the disease was confirmed, so it is difficult to view the work during that period alone as having caused or aggravated the above disease. In light of these points, the court below found it difficult to conclude that the Plaintiff's disease arose from work-related overexertion while working as a bus driver for the non-party company, and thus rejected the Plaintiff's claim in this case.
2. "Occupational accident" as referred to in Article 3(1) of the Industrial Accident Compensation Insurance Act (산업재해보상보험법) means an injury, disease, physical disability, or death of a worker arising from the work performed by the worker in the course of carrying out his duties; therefore, there must be a proximate causal relationship between the work and the occurrence of the accident. However, even if the accident involves a pre-existing disease unrelated to the work, if mental or physical overexertion related to the work has combined with the main cause of the disease to induce or aggravate the disease, such causal relationship should be recognized. Furthermore, disease caused by overwork includes cases where a pre-existing disease, which would normally allow for regular work, rapidly worsens beyond its natural progression due to excessive workload (see Supreme Court Decision 91Nu476 delivered on April 12, 1991). The existence of a proximate causal relationship between work and disease should be determined not on the basis of an ordinary average person, but on the basis of the health and physical condition of the worker concerned (see Supreme Court Decisions 91Nu5433 delivered on September 10, 1991; 91Nu3314 delivered on November 8, 1991, etc.).
Furthermore, in cases where a worker who has moved between multiple workplaces contracts an occupational disease and was engaged, at that workplace, in work that carries a risk of causing the disease in question, in recognizing the occupational disease, all work experienced by the worker under multiple employers must be included and used as material for consideration. A worker's right to receive insurance benefits (entitlement) under the Industrial Accident Compensation Insurance Act arises automatically upon the occurrence of an occupational accident, premised on the existence of an employment relationship with the business owner who is an insured person under industrial accident compensation insurance, in light of the purpose set forth in Article 1 of the said Act, the grounds for payment set forth in Article 9 of the said Act, and the nature of the industrial accident compensation insurance system. Since Article 16(1) of the said Act provides that the entitlement shall not be extinguished by reason of retirement, even a disease newly arising after the termination of the contractual relationship shall be subject to entitlement if it is recognized that its cause lies within the employment relationship.
3. According to the result of the factual inquiry to the director of △△ Hospital, which the court below cited as evidence, the cause of the Plaintiff's liver cirrhosis is unknown; patients with liver cirrhosis commonly develop esophageal varices which rupture from various causes, causing upper gastrointestinal bleeding; liver cirrhosis can be aggravated by overwork, and as liver cirrhosis worsens, the probability of esophageal variceal rupture may increase. Furthermore, considering the descriptions in Exhibit A No. 8-1 (medical certificate), Exhibit A No. 11 (duty schedule), Exhibit B No. 4 (written statement), and the testimony of Witness 1, it can be found that: generally, driving a city bus involves mental and physical tension; the drivers of bus No. 146, on which the Plaintiff worked, had only 5 to 10 minutes for meals during their shifts, and sometimes even skipped meals; three times a week, after finishing driving around 00:30, they slept at the dormitory located at the opposite terminal and resumed driving from 04:30, but since 15 drivers had to sleep together in the same dormitory and each driver returned at a different time after completing his run, they could not get proper sleep on the days they slept there; once a week, they had to work continuously for a day and a half, which would exhaust even a driver in normal health to the point of being unable to control his body; and the Plaintiff had continuously engaged in driving duties for a day and a half from the morning two days before this accident occurred (i.e., November 19) until the morning of the day before the accident (the court below found that the Plaintiff did not work two days before the accident because it was his day off, but it appears that "two days before" here refers to November 18). Furthermore, according to the description in Exhibit B No. 5-1 (written statement), which the court below did not reject, Non-party 1, who was the labor affairs manager of the non-party ○○ Bus Transportation Co., Ltd. at the time of this accident, stated that the Plaintiff submitted a medical certificate that did not include a liver health examination at the time of joining the company, so it was not possible to confirm whether there were any abnormalities; that he had heard from the dispatch supervisor that the Plaintiff occasionally received treatment because he was not feeling well; and that he had heard that when the Plaintiff received his initial diagnosis at □□□□ Hospital after this accident occurred, he told the attending physician, Non-party 2, that he had occasionally received blood transfusions; however, he stated that the Plaintiff had performed his driving duties according to his assigned working hours up until the time of this accident. According to the descriptions in Exhibit A Nos. 8-1, 2 (each a medical certificate) and the testimony of Witness 1, the Plaintiff received inpatient treatment until the 15th of the following month after this accident occurred, and his condition improved significantly, but thereafter esophageal variceal rupture and upper gastrointestinal bleeding symptoms recurred repeatedly, and he received inpatient treatment from December 12 to December 26, 1989, from February 27 to April 16, 1990, and from October 8 to October 20 of the same year, indicating that his health had significantly deteriorated. Meanwhile, in the brief dated July 26, 1991, which was stated at the 9th oral argument date in the court below, the Plaintiff also argued that even before this accident occurred, he had engaged in driving duties for city buses, etc., from August 1, 1974 to September 20, 1983 at the non-party ▼▼ Transportation, from September 25, 1983 to September 20, 1984 at the non-party ▲▲ Development Co., Ltd., for one year from April 1, 1985 at the non-party ◇◇ Transportation Co., Ltd., from September 1, 1986 to May 1, 1987 at the non-party ○○ Bus Transportation Co., Ltd., and for one year from August 1 of the same year at the non-party ☆☆ Transportation Co., Ltd.; that all of these transportation businesses were insured under industrial accident compensation insurance; and that the cumulative overexertion from working as a driver at these various bus transportation businesses was one of the causes of his vomiting blood and collapsing due to liver cirrhosis and esophageal variceal rupture.
If this is the case, then in the present case, the Plaintiff had a pre-existing disease of liver cirrhosis unrelated to the performance of his work duties, and although this occasionally caused bleeding symptoms, it does not appear that this condition was severe enough to interfere with the Plaintiff's normal performance of driving duties. Meanwhile, even if city bus driving is not excessively burdensome work for an ordinary average person, the driving work itself involves mental and physical tension. Therefore, if the Plaintiff continued to drive city buses while moving between various other bus transportation businesses as he claims, there is room to view that the fatigue accumulated therefrom, together with the fatigue accumulated from the poor working conditions in performing driving duties on the route he was engaged in at the time this accident occurred—such as irregularly alternating work and rest days and their time slots, uneven and short meal times, and severely insufficient sleep time—could, given the Plaintiff's health and physical condition, have been a cause of overexertion. Accordingly, unless there are other causes attributable to the Plaintiff apart from his driving duties, it could also be said that the above overexertion, combining with at least other principal causes, rapidly aggravated the Plaintiff's liver cirrhosis beyond its natural progression to a degree that made normal work impossible, and that this in turn accelerated and induced the rupture of the esophageal varices.
Therefore, in determining whether there was a proximate causal relationship between the work and the Plaintiff's disease, namely the above liver cirrhosis and esophageal variceal rupture, the court below should have, based on the Plaintiff's health and physical condition, examined in more detail the content of the working patterns of the driving duties the Plaintiff performed during the period he worked at the non-party ○○ Bus Transportation Co., Ltd., with which he had an employment relationship at the time this accident occurred, and clarified whether such work involved excessive mental or physical burden that caused overexertion, and whether this acted together as a factor in aggravating the liver cirrhosis. The court below should also have examined and determined whether the Plaintiff had worked at other transportation businesses prior to that, whether those transportation businesses were insured under industrial accident compensation insurance, and, if he had worked there, whether, in light of the period and content of such work, it involved excessive mental or physical burden that caused overexertion, and whether this acted together as one of the causes aggravating the liver cirrhosis. However, without reaching such examination, the court below rejected the Plaintiff's argument based solely on the reasons stated in its judgment. This constitutes a misunderstanding of the legal principles regarding occupational accidents under the Industrial Accident Compensation Insurance Act, a failure to exhaust the examination of evidence, and an omission of judgment, which cannot but be said to have affected the judgment. The argument pointing out this error has merit.
Therefore, without rendering judgment on the remaining grounds of appeal, the judgment below is reversed, and the case is remanded to the court below. This judgment is rendered as stated in the Order, with the unanimous agreement of the Justices involved.
Presiding Justice Kim Yong-jun, Justice Choi Jae-ho, Justice Yoon Kwan, Justice Kim Ju-han