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(영문) 서울고등법원 2018.12.04 2018누63619
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 in this case is as stated in the reasoning of the judgment of the court of first instance, in addition to the parts to be filled or added below, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

At the fifth bottom of the judgment of the first instance, two parallels (excluding the inner part of the tate line; hereinafter the same shall apply), seven parallels (excluding the inner part of the tate line; hereinafter the same shall apply), nine parallels (2,3 parallels), 4 under 11, and 12 3 parallels (12 pages) shall be conducted as "the first instance court".

The 7th day of the first instance judgment's "the results of each fact-finding" shall be determined as "the results of each medical record appraisal entrustment".

The following shall be added to 8 pages 12 of the judgment of the first instance.

(1) The plaintiff argues that the deceased died by the waste collection rather than by the chronic renal failure, and that the disease of this case and its subsequent legacy affected the outbreak or aggravation of the waste collection at least, which is the cause of the death of the deceased, or at least the cause of the death of the deceased. However, as seen earlier, there is no objective and clear material that the waste collection caused the death of the deceased, the disease of this case, and there is no causal relation with the cerebral cerebrovascular, which is the disease of this case.

2. In conclusion, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit.

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