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The court ruled that the accident at work must be admitted to the nursing assistant who died suddenly while walking up the stairs instead of the elevator to avoid being late on the way to work.
The Eighth Administrative Division of the Seoul High Court (Judges Yu-jin Kim, Wan-hee Lee, Je-wook Kim) recently broke the first trial in a lawsuit in which the grieving family of nursing assistant Mr. A filed against the Labor Welfare Corporation to “pay survivors benefits, etc.
A, who was working as a nursing assistant in an obstetrics and gynecology department at a hospital in Seoul, collapsed as soon as she went to work on the morning of December 2016 and was transferred to the hospital, but died.
According to the court ruling, Mr. A, who arrived at the hospital building at 8:40 am on the day of his death, did not take an elevator and took the stairs to the third floor where he worked. At that time, the hospital’s official working hours began at 9 a.m., but the actual time to go to work was 8:30.
The grieving family of Mr. A claimed that Mr. A, who had suffered from heart disease, died from a physical and mental burden while climbing the stairs due to the heaviness of perception, but the 1st referee said: “The physical burden and perceptions caused by the act of running up the stairs. The level of mental load is the level that is commonly found in daily life. “
“The practice of bringing the hospital to work 30 minutes early was also implemented long before Mr. A died, so it is not a sudden unpredictable change.” Not.”
However, the appeals court overturned the sentence from the first trial, saying: “It is difficult to say that Mr. A died completely from existing heart disease.” .
Furthermore, “at that time, if I was late to the hospital and did not attend the 8:30 am visit, my boss would reprimand me.
He added: “Mr. A would have climbed the stairs to get to the third floor as quickly as possible because he was worried about his boss’s reprimand,” he added.