[Plaintiff, Appellant]
[Defendant, Appellee] Head of Seoul Regional Labor Office
[Judgment Below] Seoul High Court Decision 90Gu19314 delivered on April 4, 1991
[Order]
The judgment below is reversed and the case is remanded to the Seoul High Court.
[Reasoning]
As to the Grounds of Appeal by Plaintiff's Litigation Representative
According to the reasoning of the judgment below, the court below found, based on the evidence, the following facts: the deceased Nonparty 1, the husband of the Plaintiff, was born on January 3, 1944, joined Daehan Tongun Co., Ltd. on August 18, 1978, and mainly worked in accounting and tax affairs, serving as Acting Deputy Manager of Tax Affairs in the Accounting Department of the said company from August 18, 1989; that he suffered from pleurisy around February 1985, was diagnosed with liver cirrhosis in 1986, and from 1987 onward received hospitalized treatment for liver cirrhosis for about one month each year until the accident in this case; that from the time of his hospitalization at ○○ University Hospital in 1987, his health condition rapidly deteriorated, and even after discharge, he had to sleep for 30 minutes to one hour once or twice a day during working hours, although his work performance was still considered fair at that time; that from the time of his hospital treatment in 1988, his physical recovery from fatigue became even slower, and instances of him working only in the morning or leaving work around 4-5 p.m. gradually increased, with his work capacity and motivation significantly declining; that this condition continued into 1989, during which he became highly sensitive about his own health condition, and when the results of his monthly medical checkups were poor, he would leave work early or rest or sleep in the office, managing to continue working only with difficulty under the consideration of the company and his fellow employees; that around September 30, 1989, the company received notice from the National Tax Service that a comprehensive tax audit for the 1984 and 1985 fiscal years would be conducted from October 16 to November 30, 1989, and the company designated the deceased as the senior official responsible for receiving the audit; that the deceased, harboring considerable worry due to his health condition, spent somewhat busier time than usual from around that time preparing for the audit together with his subordinate staff, including organizing tax-related books; that when the audit began on October 16, 1989, he engaged in audit-related duties during ordinary working hours at the head office in Seoul until November 5 of that year; that from November 6 of that year, when part of the National Tax Service audit team was to inspect the company's Busan branch, he was ordered by the head office to travel to Busan, arrived at the Busan branch around 15:30 on November 6, and inspected the audit venue; that from the following day, November 7, until November 9 of that year, during normal working hours, Nonparty 2, who was then the Section Chief of Accounting Affairs in the Accounting Department, directly handled the audit reception while the deceased engaged in duties of standing by for the audit; that around 18:00 on November 9 of that year, after finishing the audit-related work and having dinner, he vomited while returning to his lodging, and although he received treatment at a hospital the following morning, he continued to vomit and even bled, with his condition failing to improve, so that around 06:40 on November 12 he was transferred to and treated at ○○ University Hospital, but around 07:50 on November 20 he died, the direct cause of death being upper gastrointestinal bleeding (massive hemorrhage due to rupture of esophageal varices caused by liver cirrhosis), with the underlying cause of death being liver cirrhosis; and that the deceased's chronic disease progressed from acute hepatitis, through chronic hepatitis, to liver cirrhosis, caused by infection with the hepatitis B virus, and that when portal hypertension increases due to the worsening of liver cirrhosis, rupture of esophageal varices occurs, which is closely related to the degree of liver cirrhosis, and that, depending on the condition, liver cirrhosis can be more rapidly aggravated by excessive work; and there being no rebuttal evidence to the contrary, the court below found the above facts.
The court below then determined as follows: even if the deceased, who had habitually been troubled by his health condition, experienced a certain degree of mental tension and burden in preparing for and undergoing the tax audit at the time of the accident in this case, and even if there was a somewhat heavier workload than usual in preparing for the audit, in light of the content and hours of his work before and after the accident in this case, and particularly considering that the performance of the audit-related duties beginning October 16, 1989 was judged to have been at an ordinary level, it could not be said that there was an excessive workload sufficient to cause mental and physical overwork; and considering, in addition, the circumstances that the deceased found it very difficult to perform normal work duties due to his severe symptoms of liver cirrhosis at the time, it was difficult to recognize that the deceased's death resulted from the pre-existing disease of liver cirrhosis being aggravated more rapidly than its natural course due to work-related overwork, and it was rather appropriate to view that he died as a result of the aggravation of long-term liver cirrhosis through its natural progression; therefore, the court below determined that the disposition in this case, rejecting the claim on the ground that the deceased's death was not a death under the Industrial Accident Compensation Insurance Act (산업재해보상보험법), was lawful.
In order for a death to constitute an occupational accident under the Industrial Accident Compensation Insurance Act, there must be a proximate causal relationship between the work and the disease causing the death; however, in this regard, even if the main cause of the disease is not directly related to the work, if work-related overwork, combined with the main cause of the disease, induced or aggravated the disease, a causal relationship must be recognized (see this Court's Decisions 90Nu4983 delivered on December 7, 1990; 90Nu8817 delivered on February 22, 1991, etc.); moreover, whether there is a proximate causal relationship between the work and the death must 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 this Court's Decision 91Nu5433 delivered on September 10, 1991).
According to the facts as found by the court below, the direct cause of the deceased's death was upper gastrointestinal bleeding, and the underlying cause was liver cirrhosis; liver cirrhosis, depending on its condition, can be more rapidly aggravated by excessive work; meanwhile, before the preparation for and conduct of the comprehensive tax audit, the deceased had managed to continue working only with difficulty due to his chronic disease, liver cirrhosis, under the consideration of the company and fellow employees, but due to the audit-related duties, he worked for several days, both at the head office and on a business trip, under mental tension and burden unlike usual. Therefore, even if such work was not excessive work for an ordinary average person, it may be considered to have been a cause of overwork in light of the deceased's health and physical condition; and further, if such overwork aggravated the deceased's underlying cause of death, liver cirrhosis, thereby causing the direct cause of death, upper gastrointestinal bleeding, there is room to recognize a causal relationship between the work and the upper gastrointestinal bleeding that caused the death.
Nevertheless, the court below hastily concluded that, in light of the fact that the deceased's performance of the audit-related duties was judged to have been at an ordinary level, there was no excessive workload sufficient to cause the deceased mental and physical overwork at the time of the accident in this case, and that the deceased's death resulted from the aggravation of long-term liver cirrhosis through its natural progression, and thereby determined that it was not an occupational accident; the judgment below thus cannot be said to be free from the illegality of misapprehending the facts in violation of the rules of experience and failing to properly conduct the deliberation. The argument has merit.
For the foregoing reasons, the judgment below is reversed and the case is remanded to the court below, this Decision being rendered as stated in the Order by the unanimous opinion of the Justices involved.
Justice Yoon Young-chul (Presiding Justice), Park Woo-dong, Kim Sang-won, Park Man-ho