과로자살에 관한 법이론적 검토― 대법원 판례법리를 중심으로 ― (A legal study on worker's suicide resulting from overwork - focusing on the legal principles of cases in the Supreme Court -)

서지정보

· 발행기관 : 한국비교노동법학회
· 수록지 정보 : 노동법논총 / 29권 / 105 ~ 130페이지
· 저자명 : 방준식

초록

There is a suitable casual relationship between overwork and suicide in order that a worker's suicide resulting from overwork is judged to the accident due to occupational cases. But the basic structure of the worker's suicide resulting from overwork is connected from overwork to suicide. In the meantime, it is necessary for an attack or getting worse of the mental disorder like melancholia. Therefore, in the worker's suicide resulting from overwork, a formula like overwork -> mental disorder like melancholia -> suicide can be held.
When overwork and personal inclination are piled up with the reason of suicide in the worker's suicide resulting from overwork, it is difficult to know what is relatively current leading. Therefore, even if overwork and many different reasons are piled up with the reason of suicide, if only the overwork is a reason of suicide, the theory of joint reason that accepts a causal relationship is ultimate complied with a purpose of the Workmen's Accident Compensation Insurance Act.
As you can see from above, when the worker's suicide resulting from overwork is an accident due to Occupational Cases or not, I think that the legal principles of cases in the Supreme Court produces the unclear standards. In other words, according to the legal principles of cases, overwork and illness(personal inclination) should be applied to the theory of the personal himself standard and overwork and suicide should be applied to the theory of the social average person standard. Because if overwork and stress operate piling up with their own personal inclinations, each different reactions are expected, it is not reasonable to decide with the social average person standard uniformly about these reactions.

영어초록

There is a suitable casual relationship between overwork and suicide in order that a worker's suicide resulting from overwork is judged to the accident due to occupational cases. But the basic structure of the worker's suicide resulting from overwork is connected from overwork to suicide. In the meantime, it is necessary for an attack or getting worse of the mental disorder like melancholia. Therefore, in the worker's suicide resulting from overwork, a formula like overwork -> mental disorder like melancholia -> suicide can be held.
When overwork and personal inclination are piled up with the reason of suicide in the worker's suicide resulting from overwork, it is difficult to know what is relatively current leading. Therefore, even if overwork and many different reasons are piled up with the reason of suicide, if only the overwork is a reason of suicide, the theory of joint reason that accepts a causal relationship is ultimate complied with a purpose of the Workmen's Accident Compensation Insurance Act.
As you can see from above, when the worker's suicide resulting from overwork is an accident due to Occupational Cases or not, I think that the legal principles of cases in the Supreme Court produces the unclear standards. In other words, according to the legal principles of cases, overwork and illness(personal inclination) should be applied to the theory of the personal himself standard and overwork and suicide should be applied to the theory of the social average person standard. Because if overwork and stress operate piling up with their own personal inclinations, each different reactions are expected, it is not reasonable to decide with the social average person standard uniformly about these reactions.

참고자료

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