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(영문) 서울고등법원 2016.08.17 2015누70524

유족급여및장의비부지급처분취소

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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.

Reasons

1. The grounds for the plaintiff's assertion in the trial while appealed from the court of first instance are not significantly different from the contents of the plaintiff's assertion in the court of first instance, and the evidence submitted in the court of first instance, in full view of the purport of the entire arguments, the fact-finding and the judgment of the court of first instance that the proximate causal relation between the work and the deceased's death cannot be acknowledged is deemed legitimate, and the evidence submitted in the court of first instance

On the other hand, in order to be recognized as death due to an occupational reason, the death in question is caused by the occupational reason, and there should be a proximate causal relation between the occupational and the accident. In such a case, the causal relation between the employee's occupational and the accident should be proved by the assertion, so if the private person of the employee is not clear, it cannot be presumed

(2) The reasoning of the judgment of the court of first instance is as follows, and thus, the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance. Thus, it is accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act, as well as Article 420 of the Civil Procedure Act.

Each "victim" of the 14 and 19th sentence of the first instance judgment shall be referred to as "victim".

On March 27, 2014, the first instance judgment of the court of first instance (hereinafter referred to as the "Supplementary High Court Decision 201Na8625 decided March 27, 2014") is deemed as the "Supplementary High Court Decision 2013Na8625 decided March 27, 2014."

2. In conclusion, the judgment of the court of first instance is just and without merit, and it is so decided as per Disposition by the assent of all participating Justices.