과로사의 인정기준에 관한 판례의 경향

Abstract

This Article attempts to review the initial tendency of the Supreme

Court's test for worker's death from overexertion(Karoshi), and to suggest

reasonable judicial test for Karoshi to effectively guarantee worker's right to

receive occupational accident insurance benefits. Recently, in Korea, Karoshi

including syndrome of adults' sudden death tend towards increasing under

rapidly changing industrial workplace-environment caused by globalization

and restructuring.

The author clarifies that Karoshi is 'a third type of occupational accident'

having dual characteristics of occupational injuries and occupational illnesses,

and that it is very difficult to distinguish worker's personal accident of

private life (covered by national health insurance) from occupational accident

resulting from employment (covered by industrial accident insurance).

Through analyzing relevantly the test for Karoshi during 1990-2000 in the

light of the statutory goal of the Industrial Accident Compensation Insurance

Act(IACIA), the author points out the coherent tendency of the test for

Karoshi as follows : In order to meet requirements for Karoshi resulting

from employment in the IACIA (Art. 4, 1.), its being caused by duties

which means that the death has a proper casual relationship with the

worker's duties should be decisive standard for Karoshi. Judicial test seems

to interpret meaning of 'proper casual relationship' of Karoshi to be 'joint

cause' or 'relative dominant cause' according to two categories of its

factors. However, in case of stomach cancer or lung cancer, judicial test

does not recognize it as Karoshi because of being unable to prove its casual...