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(영문) 서울고등법원 2018.10.19 2016누57030

유족급여및장의비부지급처분취소

Text

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 reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except for adding the judgment as set forth in paragraph (2) below, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article

2. In the result of the request for the examination of medical records to the Korean Medical Association of the court of the further judgment, appraisal is a clinical situation where it is possible for the deceased to have diagnosed as pneumoconiosis and suffered suffering from pulmonary symptoms. However, pulmonary part leading to actual death is a process of acutely occurring, and it seems that the pneumoconiosis with the decline in pulmonary function has contributed to a certain degree before pulmonary part. According to the result of the request for the examination of medical records to the Korean Medical University Hospital of the court of the first instance, the J of the appraisal (vocational department) sharply reduced the cardiopulmonary function of the deceased is vulnerable to the degree that the cardiopulmonary function of the deceased is considerably affected by pulmonary salt, such as acute ney infection, etc.

The direct cause of death of the deceased is thought to be the sacrine infections and kidne infections caused by kidne infections, such as not immediately before the death.

However, considering the symptoms of the deceased's vulnerable cardiopulmonary and chronic pulmonary diseases, it is highly likely that the pulmonary symptoms have rapidly aggravated because the pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary infection

However, in the result of the request for the examination of medical records to the Korean Medical Association of the trial court, the appraiser presented his opinion that it cannot be determined that there was a chronic pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary Death of the deceased.