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(영문) 서울고등법원 2018.03.30 2017누79549

유족급여및장의비부지급처분취소

Text

1. Revocation of a judgment of the first instance;

2. On March 17, 2014, the Defendant’s disposition of bereaved family benefits and funeral site pay to the Plaintiff.

Reasons

1. The reasoning of 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, except for the grounds of the judgment of the court of first instance, for the following reasons:

The 13th parallel 21 to 15th parallel 19th parallel 13th parallel 19th parallel 2th parallel as follows:

In light of the following circumstances, it is reasonable to view that there exists a causal relationship between the deceased’s work and the deceased’s death, even if the main cause of the death of the deceased was not an occupational disease, and even if it was not an occupational disease, as a result of the combination with pinson’s another existing disease, which is not a direct relationship with the work. Therefore, the instant disposition based on a different premise is unlawful. (A) The doctor of the East Child Hospital at the time of the death of the deceased, who directly treated the deceased before the death of the deceased, was determined as the direct death of the deceased, e.g., e., e., the intermediary pinsor, e., e., h., the death of the deceased.

However, there is no medical opinion regarding the occurrence and aggravation of the end-of-life of the deceased, but there is no medical opinion about whether the direct death of the deceased is acute and the end-of-life of the middle-board events have a major impact on the outbreak and aggravation of the end-of-life.

However, as seen below, most medical opinions have influenced the outbreak and aggravation of pinson's disease as well as pneumoconiosis symptoms.

① It is the opinion that the doctor of the Dong-in Hospital, the master of the deceased, had caused pneumoconiosis as a major cause of the outbreak of pulmonary convergence.

② The occupational and environmental doctor of the Asia University Hospital had a significant progress in the pneumoconiosis, and the Deceased had a significant impact on the waste on March 5, 2013.