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(영문) 서울고등법원 2020.01.08 2019누47553

유족급여및장의비부지급처분취소

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1. Each of the plaintiffs' appeals is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

If facts recognized by the reasoning of the judgment of the court of first instance are compared and compared with the basis of recognition, the fact-finding and the judgment based thereon are justified.

Accordingly, the reason for the judgment of the court of first instance is cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The plaintiffs asserts that there has been a proximate causal relationship between their duties and suicide, since E suffered from a physical disability, a pulmonary disease, and a long-term hospitalization treatment of pneumoconiosis, resulting in the outbreak of depression or aggravation of the state of nature beyond the nature, etc., in the appellate trial, the plaintiffs have repeatedly asserted that there exists a proximate causal relationship between their duties and suicide.

First of all, according to the above basis of recognition, it can be recognized that E had suffered from physical disability, flasium, and flasium due to severe pulmonal difficulty, parassis, and flasiums around the time of suicide.

However, examining whether E caused severe pulmonal disorder, physical disability, or dystrophism as above, or had been hospitalized for a long period of time for the treatment of the pneumoconiosis, and whether E had suffered depression or had reached a natural progress, the evidence presented in this case alone is insufficient to recognize this.

The plaintiffs' assertion cannot be accepted.

Therefore, each of the plaintiffs' claims must be dismissed as there is no reasonable ground.

The judgment of the first instance is just in conclusion, and each of the plaintiffs' appeals is dismissed.