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(영문) 서울고등법원 2016.09.29 2016누48678
요양불승인처분취소
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

The court's explanation of this case by the court of the first instance as to this case is identical to the reasoning of the first instance judgment, except for the addition of the judgment as to the plaintiff's argument in the first instance court under Paragraph (2) below, and therefore, this case's assertion is cited in accordance with Article 8 (2) of the Administrative Litigation Act

(1) The court below rejected the Plaintiff’s assertion even if all evidence and evidence presented at the court of first instance were examined, except as otherwise alleged in paragraph (2) below. On August 2, 2013, 2013, the average of military acid at the construction site of this case, was recorded 30.1C, and on September 2, 2013, the highest temperature was recorded 27.9C. On September 2, 2013, the date when the Plaintiff was employed, the container stuffs installed at the construction site of this case did not have any air-conditioning, and thus, the inside temperature was higher than the outside, and thus, the inside temperature was higher than the outside. The Plaintiff, which had been viewed within the construction site of this case, suffered from the breadth, and the blood pressure of this case rapidly aggravated.

According to the division, the Plaintiff was at the same time managing the two construction sites (BJ and Chigh School Diet Construction Works) at the same time, and this led to the two construction sites from time to time to time to time to time to time to time to normal due to the field management work, and not only exceeded the normal time to get off and off, but also up to the legal holiday.

Judgment

According to the statement in Gap's evidence Nos. 30 to 33 of the injury of the injury of this case caused by Radulitis, the average air transport of Gun mountain at which the injury of this case occurred on September 2, 2013 at the site of this case was 2.0°, the highest temperature was 27.9°C, the lowest temperature was 17.4°C, and the internal temperature of container stuff, which was operated by the plaintiff, falls under any of the outside.

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