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(영문) 서울고등법원 2017.04.07 2016누60241

유족급여및장의비부지급처분취소

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as follows, and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for adding the judgment of the court of first instance as follows. Thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article

2. 이 법원에서 고쳐쓰는 부분 ▣ 제1심판결서 제4쪽 제12행의 “익익”을 “익일”로 고친다.

3. The plaintiff asserts that this court's additional decision in this court is the reason for appeal that "the deceased had a sudden stress due to a sudden fall from the deceased's secondm of the death, and such stress has aggravated the injury and disease of this case rapidly above the natural running speed. Therefore, there is a proximate causal relation with the plaintiff's work at the upper branch of this case."

The above assertion made by the plaintiff in this court is not different from the contents of the plaintiff's assertion in the first instance court, and the evidence submitted in the first instance court (Evidence No. 7 or A No. 11) was added to the evidence submitted in this court, and it is insufficient to recognize that the injury and disease of this case was rapidly aggravated due to the instant massive fall accident, as seen earlier, so the plaintiff's above assertion is rejected as it is without merit.

4. The plaintiff's claim is without merit.

In conclusion, the judgment of the first instance, which dismissed the plaintiff's claim, is justifiable, and the plaintiff's appeal is dismissed as it is without merit, and the costs of appeal are borne by the losing plaintiff.