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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasons why the court should explain this part of the disposition are as follows: “The death diagnosis document for the deceased is described as “the suspension of judgment,” “the presumption of brain death,” “the presumption of brain death,” and “the rejection of judgment,” and “the rejection of judgment,” under Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act. Therefore, this part of the judgment is cited.
2. Whether the instant disposition is lawful
A. The court's explanation on this part of the plaintiff's assertion is the same as the statement on the corresponding part of the judgment of the court of first instance. Thus, the court's explanation on this part is citing it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and
(b) as shown in the attached Form of the relevant statutes;
C. In order to be recognized as “occupational accident” under the Industrial Accident Compensation Insurance Act, there should be a proximate causal relation between the occupational accident and the occupational accident, and in this case, the causal relation between the employee’s occupational accident and the accident should be proved by the assertion.
On the other hand, the existence of proximate causal relationship between work and accident should be determined on the basis of the health and physical conditions of the worker in question, and the degree of proof of causal relationship should not be clearly proved by direct evidence, but it should be proved even if there is a proximate causal relationship between work and accident considering all circumstances.
However, it cannot be said that the risk inherent in the work has been realized because the cause of the outbreak and aggravation in modern medical science is always involved not only in the work but also in private life, because the overwork or stress can be the cause of the outbreak and aggravation of the disease.