유족급여및장의비부지급처분취소
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 reasoning for this case by the court of first instance as to this case is the same as that of the judgment of the court of first instance, except for the addition of the following, thereby citing it as is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420
[Supplementary judgment] The plaintiff asserts that there is a proximate causal relation between the deceased's work and the death, since he visited the deceased's workplace, etc. for about three months prior to the death of the deceased, such as Ansan, Pyeong, and Asan, etc., and performed his work every day by no later than 9:0 p.m. and 11:00 a.m. during the day of his death.
However, in full view of the work environment and details of the deceased’s work, causes of death and autopsy results, the deceased’s existing illness, reputation, health conditions, and other medical opinions admitted by the evidence of the first instance court cited earlier, it can be confirmed that the body autopsy of the deceased has almost been formed by the beercination that the core elements of the heart beer and beercination are accompanied by tincination, and that the deceased has been treated with high blood pressure for a long time, and smoked in the comprehensive health examination in 2012 and 2013, and the amount of the deceased’s work has been essentially increased immediately before the death.
In light of the fact that it is difficult to deem that there was a change in the working conditions to the extent that it directly affects death or death, even if the deceased did not suffer excessive or stress in the course of performing his/her duties, he/she immediately caused acute funeral services.
It is difficult to view that it falls under the degree to cause the death of the deceased by worsening the existing disease beyond natural progress.
The fact-finding by the court on the Gangwon-do Seongbuk Hospital also stressed.