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 court’s explanation concerning the instant case is as stated in the reasoning of the first instance judgment, except for modification or addition of a trial decision as follows. Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. A corrected or added portion;
A. Of the 6th sentence of the first instance judgment, the phrase “only the evidence submitted by the Plaintiff” is amended to read “only the evidence submitted by the Plaintiff” to read “the following: (a) the circumstances alleged by the Plaintiff or the evidence Nos. 1 through 6 (including paper numbers); (b) the witness G, H’s testimony; (c) the first instance C Co., Ltd.; (d) the Ministry of Employment and Labor, the Ministry of Employment and Labor, and the Vice-Governor of the Safety and Health Agency; and (e) the results of the verification of each medical record (
B. The Plaintiff asserts that, even in the case of a party, the deceased B suffered death due to excessive performance of duties and occupational stress.
However, in light of the circumstances alleged by the plaintiff or the above evidence of the submission alone, it is difficult to accept the plaintiff's assertion that there is a burden of proof on this point, since the circumstances alleged by the plaintiff or the above evidence of the submission are insufficient to recognize a proximate causal relation between the deceased's death and the work, and thus, it is difficult to accept the plaintiff's assertion that there is a burden of proof on this point.
3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.
The judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.