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(영문) 대법원 2019.05.10 2016두38853

요양비부지급처분취소

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The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

The lower court determined that the above disease was an occupational accident on the ground that the Plaintiff, who is an employee of shipbuilding company, aggravated the escape from the 4-5-6-7 light and 1-2 chest-2 by performing a timber-sharing work for about 27 years.

The judgment below

In light of the records, although it is not appropriate for the court below to determine that the escape from the post signboards between the 3-4 and the 3-4 that the defendant did not approve medical care constitutes occupational accidents, the court below did not err by misapprehending the legal principles regarding proximate causal relation, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.