유족급여및장의비부지급처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of this court concerning the instant case cited in the judgment of the court of first instance is as stated in the part of the judgment of the court of first instance, in addition to adding a judgment on the Plaintiff’s assertion as follows. Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act
2. Additional determination
A. Since the Plaintiff’s husband B, who is the Plaintiff’s husband, died during the period of overseas service, such death shall be deemed due to his/her duty.
B. Determination 1) In order for the death to be recognized due to an occupational reason as stipulated in Article 5 subparagraph 1 of the Industrial Development Compensation Insurance Act, the death in question must be recognized as being caused by not only the death during the performance of duties but also a proximate causal relation between the work and the accident. In this case, the causal relation between the worker's work and the accident should be proved by the assertion. Thus, even if the worker's death was performed during the performance of duties, if the private person is not certain, it cannot be presumed to be caused by the worker's death due to the work (see, e.g., Supreme Court Decision 98Du3303, Apr. 24, 1998). 2) In addition to the overall purport of the arguments, considering the results of the fact-finding of the court's fact-finding with respect to the instant case and the fact-finding with respect to the CFFF, the CFF, who is the husband of the plaintiff, can be recognized as the fact-finding of the CFFF.
However, according to the following circumstances acknowledged by evidence, it cannot be determined that the death of B was caused by his/her duties and constitutes an occupational accident.
① According to the result of the autopsy on B, the private person cannot be identified.
(2) There is a relation to the qualitative disease of the heart, which is the network's written appraisal of autopsy.