내과성질병에 있어서 업무상 질병의 인정기준 ― 과로와 스트레스, 열악한 작업환경이 기존질병을 악화시킨 경우(대판 2010.12.09, 2010두15803) ―

In regard to relations between work snd injury, there are theories which demands adequate causatuon and theory that needs reasonable relations rather than adequate causation. From this point of view it may be more proper to say that it is sufficient only with reasonable relations. Enployer has the duty of security protecton, and practically industrial accident insurance is more effective than tort. In case that the causes of occupational diseases are the employee's own desease and new occupational disease, Korean Supreme Court considers occupational diseases by relatively loose standards, and thinks employees have the duty of proof. But employers should have this kind of duty to prove evidences because there should exist proof to the contrary. Especially there increase diseases whose cause and degeneration are unknown, and arise diseases in certain hours and time after having suffered injuries or accidents. Practically because the assumption of causation is very difficult, there needs the transfer of proof responsibility. For it is difficult to agree with occupational disease only with the grounds that for example overwork and stresses can be the reason of gastric cancer or liver cancer. So we can acknowledge occupational diseases caused by overwork and stresses.