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(영문) 대법원 2015.11.12 2015두2918

유족급여등부지급처분취소

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

After recognizing the facts as indicated in its reasoning based on its adopted evidence, the lower court determined that the instant disposition rejecting the Plaintiff’s claim for the payment of survivors’ benefits, etc. was lawful on the grounds that it is difficult to readily conclude that the deceased died due to an acute funeral, and that the deceased’s death could not be easily inferred that the risks inherent in his/her duties have been realized.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court did not err in its judgment 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 on the bench.