유족급여 등 부지급처분 취소청구의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The court's explanation concerning this case is identical to the reasoning of the judgment of the court of first instance, in addition to additional determination as to the plaintiff's assertion under paragraph (2) below, and therefore, it cites it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 42
(2) On the other hand, the Plaintiff asserts that there is a proximate causal relationship between pneumoconiosis and death on the ground that the reason alleged by the Plaintiff was not significantly different from that alleged by the Plaintiff in the first instance court, and that the first instance court rejected the Plaintiff’s assertion even if all of the evidence presented in the first instance court were examined).2. On the other hand, the Plaintiff asserts that there is a proximate causal relationship between pneumoconiosis and death on the ground that: (a) the Plaintiff may further trust the opinion of the doctor D who prepared the death certificate (the result of the verification No. 4 and the inquiry about the director of the C Hospital) after treating and examining the deceased; (b) the deceased suffered from pneumoconiosis for a long time; and (c) the deceased cannot know any other apparent direct death than
However, 'the first instance judgment' 'the second case
C. In full view of the circumstances described in Paragraph 3’s “specific judgment” and the overall purport of the evidence and arguments presented in the first instance trial, it is difficult to deem a proximate causal relationship between the deceased’s pneumoconiosis and the death, taking into account the following circumstances: (i) through (iv).
Therefore, the plaintiff's above assertion is without merit.
(1) The Deceased did not have any special change in the result of the blood examination for two days before the death and the result of the simple scarcity radiation examination for ten days before the death.
The Deceased was confirmed to have a limited return function disorder in the pulmonary function test before one month prior to the death, but the Deceased died in a state where there was no symptoms of aggravation of pneumoconiosis.
In the event of sudden death, it can be predicted that the disease of the deceased has deteriorated at the time of death.