산재보상에서 업무와 자살의 인과관계와 추정규정의 도입

Causal link has been a big issue for a long time in workers’ compensation. In order to recognize the suicide of workers as an occupational accident, a causal relationship between work and suicide must be proved. However, it is not easy to prove an abnormal state of mental illness or mind that does not involve external changes such as physical damages while the law requires an abnormal state of mental illness or mind of the workers conducting suicide. For this reason, there have been not many cases where suicides are recognized as occupational accidents. This paper analyzes the issue of proof of causal relationship between work and suicide with Supreme Court decisions considering the revision of the Industrial Accident Compensation Insurance Act in 2007. By this analysis, it reveals why the bereaved families have hard time to prove the causal link, and the precedent theory is not a stable criteria for them. Therefore, It suggests the introduction of the legal presumption and the amendment of the law and regulation concerned.