‘심리적 부검’에 의한 공무상 질병의 판단 - 대상판결 : 서울고법 2013. 12. 19. 선고 2012누27505 판결 -

Abstract

The decision rendered by the Seoul High Court on December 19 for case number 2012 Nu 27505(hereinafter the ‘Decision’) was the first Korean court decision to utilize ‘psychological autopsy’ as a method of evaluation in court and adopting the results of the evaluation as evidence. As a result, the Decision recognized the worker's death to suicide caused by workplace stress and depressive disorder as an occupational disease. ‘Psychological autopsy’ offers particular significance as a new method of evaluation that helps overcome existing limitations in court where only bodily injuries or deaths were recognized as occupational diseases. A way for the court to conduct ‘psychological autopsy’ through petition or its own authority should be further considered by establishing ‘psychological autopsy’ as a common practice in court hearings. There is also a need for research on the methodology so that the results obtained from psychological autopsy may provide objective and plentiful data assisting in the decision making process of the judges. ‘Psychological autopsy’ mainly focuses on the contents from interviews and statements of the suicide victim's family members and acquaintances. Therefore, further careful review and analysis will be necessary in determining whether it is legally valid to recognize the causal relationship between work and suicide by adopting the results of 'psychological autopsy' as evidence. Even if the results of psychological autopsy constitute evaluations of an expert in the medical field, it is not advisable for the judges to unconditionally rely on such evaluations. Judges should render an objective and normative decision based on the results of psychological autopsy from a perspective that is independent and separate from the expert's views. The increase in the level of labor intensity as a result of rapid changes in the business environment is seriously damaging the mental health of workers. The mental health of workers must be recognized as a serious issue in today's modern industrial society. It is reasonable to interpret that Article 5(1) of the Industrial Safety and Health Act provides for the company's (employer's)obligation to create a work environment that is suitable for workers to maintain a healthy social relationship and mental health. It is necessary to conduct a meaningful policy review on measures requiring the implementation of diagnoses conducted by relevant specialists such as psychiatry specialists and clinical counselors during the regular health check-up of workers as required by Article 43 of the same Act.