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(영문) 서울고등법원 2016.03.30 2015누58524

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 court of first instance rejected the Plaintiff’s assertion on the ground that there is no proximate causal relation between the death accident of this case and the deceased’s occupational course or stress on the part of the deceased, considering all of the following: (a) the Plaintiff’s assertion in the court of first instance does not significantly differ from the contents of the Plaintiff’s assertion in the court of first instance; (b) the time the deceased’s assertion was transferred to the night work site for treatment; (c) the late night work and overtime work are continuously carried out; and (d) the deceased’s death is irrelevant to toxic infection due to sarking.

Therefore, this court's reasoning is the same as the reasoning of the judgment of the court of first instance. Thus, this court's reasoning is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

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.