Credit Union Branch Manager Who Died from Heart Inflammation Claimed Work-Related Illness Due to Overwork... Court Rules "Not Recognized"
The family of a Shinhan Credit Union branch manager who died from heart inflammation following a sudden abnormal symptom claimed the illness was work-related due to the work environment and overwork, but the court did not accept this.
The Seoul Administrative Court, Administrative Division 8 (Presiding Judge Lee Jeong-hee) ruled on November 14 last year that the lawsuit filed by A’s family against the Korea Workers' Compensation and Welfare Service for cancellation of the denial of survivor benefits and funeral expenses (2021GuHap58738) was dismissed.
A, who was a Shinhan Credit Union branch manager, died in May 2019 from infectious endocarditis. Infectious endocarditis is a disease caused by microorganisms such as bacteria or fungi that cause inflammation in the heart valves and surrounding tissues.
A’s spouse, B, claimed to the Korea Workers' Compensation and Welfare Service that there was a significant causal relationship between A’s work and death and requested survivor benefits and funeral expenses under the Industrial Accident Compensation Insurance Act.
However, the Service decided not to pay survivor benefits and funeral expenses in January 2021 based on the judgment of the Seoul Occupational Disease Judgment Committee.
Disagreeing with this, B filed a lawsuit. B argued, "A was frequently exposed to risk factors that could cause illness due to frequent external sales activities such as business trips to unsanitary places," and "the average working hours exceeded 59 hours, and work-related overwork and stress-induced immune system decline contributed to the worsening and cause of the disease."
However, the court also did not accept these claims.
The court stated, "Infectious endocarditis is a rare disease with an incidence rate of about 4 to 14 cases per 100,000 people annually," and "it is difficult to see that the risk of infection increases simply because one visits unsanitary workplaces, and considering A’s duties and position, it is unlikely that A was constantly exposed to such environments."
It continued, "A performed normal duties before death, and there is no evidence that any sudden or unpredictable work-related incident occurred within 24 hours before death or that there was a rapid change in the work environment," and "it is insufficient to recognize that A’s work involved more mental stress compared to the usual duties of workers engaged in similar work."
B appealed immediately after the first trial, and the appeal case is currently being heard by the Administrative Division 6-3 of the Seoul High Court.
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Han Su-hyun, Legal Times Reporter
※This article is based on content supplied by Law Times.
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