[Plaintiff, Appellant] Plaintiff, Counsel Lee Sang-su and 2 others
[Defendant, Appellee] Head of Anyang Regional Labor Office
[Judgment Below] Seoul High Court Decision 90Gu6424 dated May 16, 1991
[Order]
The judgment below is reversed and the case is remanded to the Seoul High Court.
[Reasoning]
The court examines the grounds of appeal raised by the Plaintiff's counsel.
1. According to the reasoning of the judgment below, the court below found as follows, and there is no dispute between the parties on this point: the deceased, Nonparty 1, joined Nonparty Nongshim Co., Ltd. (hereinafter "the Nonparty Company") on November 8, 1970, and worked as a technical employee in the Facilities Management Department of the Nonparty Company's factory located at (address omitted), Gunpo City, and died while sleeping in the Facilities Management Department office of the said factory at around 04:00 on August 27, 1989. According to the evidence presented, the Facilities Management Department of the Nonparty Company had an Automatic Machinery Maintenance Team and a Machinery Maintenance Team; the Machinery Maintenance Team was divided into A, B, and C shifts and a daytime resident staff, with each shift consisting of 8 members, and the three shifts rotated on a weekly basis working three-shift schedules of 06:00 to 14:00, 14:00 to 22:00, and 22:00 to 06:00 the following day; the deceased belonged to Shift C of the Machinery Maintenance Team. The work of the Machinery Maintenance Team was the maintenance and repair of the factory's machinery excluding automatic machines, mainly the maintenance of bearings and conveyors, and the work content consisted of relatively small and simple part replacements and repairs that were not particularly strenuous, with installation or repair of larger machinery outsourced to external contractors, such that the work could be sufficiently handled by the personnel of a single shift. The deceased took his summer vacation from July 24 to July 27, 1989, and from the following day until August 5 of the same year worked day and night shifts, during which he worked overtime of 3 hours each day for 8 days. Thereafter, from August 7 to August 19, he worked day shifts of 8 hours each day, and from August 21 he worked night shifts of 8 hours each day. The deceased's average daily working hours from July 1 to August 26, 1989 were only about 5 hours; on the day of his death, he performed no work at all, but waited in the office, had a snack from around 00:00 to around 01:00, and then went to sleep together with other employees from around 02:00, during which time he died as noted above. The cause of the deceased's death was acute cardiac death, which is a category of natural sudden death, and overwork can be one of the factors inducing it; Nonparty 2, a physician at the National Institute of Scientific Investigation who performed the autopsy on the deceased's body, referred to the attendance records and working conditions presented by the police and determined that the cause of death was induced by overwork, and there is no other evidence to rebut this. Based on these findings, the court below determined as follows: even if the cause of the deceased's death may be regarded as acute cardiac death induced by overwork, given that the work performed by the deceased consisted of relatively small and simple part replacements and repairs that were not very strenuous, that his working hours around the time of his death averaged only about 5 hours per day, that in particular he performed no work at all on the day of his death, and that about 20 days before his death he had merely worked overtime of 3 hours each day for 8 days, although the alternating day and night shift pattern may be considered to have somewhat disrupted his normal life rhythm to some extent, it is difficult to conclude that the deceased's work was excessive or that he was in a state of overwork due to it. Therefore, the court below determined that these findings alone were insufficient to establish a substantial causal relationship between the deceased's death and his work, and that there was no other evidence to establish such a relationship; accordingly, the court below found that the disposition in this case, which determined that the deceased's death did not constitute a death under the Labor Standards Act (근로기준법) and the Industrial Accident Compensation Insurance Act (산업재해보상보험법), was lawful.
2. However, the requirement of "performance of duties" as an element of an occupational accident need not be recognized only during the time when the worker is actually engaged in performing his duties; it may also be recognized during rest periods at the workplace, whether during working hours or before or after them. Furthermore, in determining occupational causation, the existence of a substantial causal relationship between the work and the death should be judged not on the basis of an ordinary average person, but on the basis of the health and physical condition of the worker in question.
According to the description in Exhibit A No. 6 (Expert Opinion) adopted by the court below, it is recognized that Nonparty 2, a physician at the National Institute of Scientific Investigation who performed the autopsy on the body of the deceased Nonparty 1, determined that the cause of the deceased's death was acute cardiac death, and that while the inducing causes thereof could include physical exertion, mental excitement, and other factors, in the case of the deceased, referring to the attendance records and working conditions presented by the police, he assessed that it was induced by overwork. The purport of this expert opinion suggests that the deceased's work pattern could be a cause of the overwork that induced the acute cardiac death.
If so, even granting, as found by the court below, that the deceased was not actually engaged in work at the time of his death, that the work assigned to the deceased was not relatively strenuous, and that the working hours around the time of his death, averaging about 5 hours per day, would not constitute excessive work for an ordinary average person, if the fatigue accumulated from the alternating day-and-night work pattern—whereby, as found by the court below, the deceased worked overtime of 3 hours each day for 8 days after returning from his summer vacation, then worked day shifts of 8 hours each day for the following two weeks, and thereafter worked night shifts of 8 hours each day for one week until his death—could be a cause of overwork in light of the deceased's health and physical condition, then, unless there is evidence of some other cause of overwork apart from his work, there is room to view that the deceased's cause of death, acute cardiac death, resulted from overwork arising from the aforementioned work pattern.
Therefore, the court below should have conducted a more thorough examination as to whether there existed any other cause of overwork apart from the deceased's work, and as to whether the deceased's work pattern leading up to his death, as noted above, could constitute a cause of overwork as indicated in Exhibit A No. 6, in light of the deceased's health and physical condition, and only then should it have determined whether occupational causation existed.
In this respect, the judgment below is unlawful in that it fails to sufficiently examine the matter, which affected the judgment, and the argument pointing out this error is well-founded.
3. Therefore, the judgment below is reversed and the case is remanded, and this judgment is rendered as stated in the Order by the unanimous opinion of the participating Justices.
Justice Bae Man-woon (Presiding Justice), Lee Hoi-chang, Lee Jae-sung, Kim Seok-su