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(영문) 서울고등법원 2016.07.26 2015누62684

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 court's explanation concerning this case is that each "this court" shall be dismissed as "the first instance court", and that "the second" shall be dismissed as "the second instance court", and that "the second" shall be examined as "the second instance court", respectively.

Inasmuch as 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, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. 【On-the-job accident” under Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act refers to an accident caused by an employee’s occupational accident while performing his/her duties. Thus, in cases where the accident is caused by a disease or a disease, there should be a proximate causal relation between his/her duties in order for the accident to constitute an occupational accident, and the proximate causal relation should be proved by the party asserting the accident.

2) As seen earlier, the fact that the deceased returned to the instant case and died in the state of being returned to the pneumoconiosis. However, in full view of the aforementioned recognized facts and the evidence and the following circumstances that can be seen by comprehensively taking into account the results of the request for the examination of the medical record of the Seoul Escar Hospital of the Siscar University, it is difficult to deem that the deceased died in the part of the respiratory due to occupational injury and the pulmonary injury caused by the combination thereof. There is no other evidence to support this, and there is no reason to believe otherwise, the Plaintiff’s assertion is without merit, while the direct private person of the deceased’s death was the repulmonary due to the pulmonary and pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary disease

B. From 2006 to 2009, pneumoconiosis symptoms suffered by the deceased were the first type of pneumoconiosis and there was no pulmonary function impairment. However, according to the results of the request for the medical record evaluation of the Silver University Seoul Women's Hospital.