유족급여및장의비부지급처분취소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following two paragraphs, and thus, the same shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.
2. Details to be added; and
A. The reasoning of the judgment of the first instance court is “the legitimacy of the instant disposition.”
In addition, the part 1) at the end of Paragraph 1, the following is added. On the other hand, even if the deceased had an existing disease such as brain ties, etc., if cerebral ties have deteriorated due to occupational disorder or stress, and cerebral ties have led to mal ties, the causal relationship with the deceased’s work may be recognized (see, e.g., Supreme Court Decisions 2008Du23764, Apr. 9, 2009; 2014Du250, Apr. 24, 2014). (b) On the other hand, the part of the reasoning of the first instance judgment, the following is added to the end of Paragraph 2, “(c) of the instant disposition.”
Although the Defendant asserts that at the time of the instant case, the Plaintiff did not go to excessive stress due to the Plaintiff’s actual duty on five days a week, etc., the result of each fact-finding on the lower court and the party-finding E Co., Ltd., which seem to correspond thereto, is a number of records that passed the South MacheonIC near the work site even on the Saturday of evidence No. 6 (deficial Nos. 6).
It is not only inconsistent with the witness's testimony, but also with the witness J's testimony, and it is also insufficient to reverse the above fact-finding.
3. As such, the plaintiff's claim is justified, and the judgment of the court of first instance with the same conclusion is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.