과로사 인정기준에 관한 대법원 판례 경향에 대한 연구

The purpose of this study was to review the tendency of the Supreme Court’s test for death from overwork (so called ‘Karoshi’). Using inner-network of court, we analyzed judicial tests from 2000 to 2010, associated with claimed death from overwork and/or psychological stress. Judicial tests were classified according to the clarification of cause of death and preexisting diseases. Through analyzing relevantly the tests for death from overwork, the authors found that many tests have emphasized the necessity of forensic autopsy to elucidate the proper casual relationship between death and overexertion. This study also shows recent changes in judicial tests based on the latest medical knowledge. Therefore, it is suggested that social issue on forensic autopsy system need to recall Korean society to establish the clarification of the proper casual relationship associated with death from work as well as social justice.