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(영문) 서울고등법원 2015.10.14 2014누64294
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, which cited this case, is the same as that of the judgment of the court of first instance, except for the addition of the following, thereby citing this case as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article

[Additional Decision] The Plaintiff asserts that there is a proximate causal relation between the deceased’s work and the death inasmuch as the company is recognized as imposing excessive duties on the deceased according to the actual process of the case at the time of the trial against the company of this case. However, the Plaintiff’s assertion that there was a proximate causal relation between the deceased’s work and the death, based on the evidence adopted by the first instance court, including the deceased’s work environment and specific work contents, the deceased’s age (80 years old), the deceased’s age (80 years old), the existing disease and ordinary health conditions, and other medical opinions. In this case, it is not clear that the cause of the deceased’s death is not clear, and even if the deceased did not suffer excessive or stress in the course of performing guard duties, it is difficult to view that it constitutes a degree to cause the death of the deceased immediately due to the occurrence of acute funeral or the aggravation of the existing disease beyond natural progress. The Plaintiff’s assertion cannot be accepted based on the circumstance or materials alone.”

2. The plaintiff's claim for conclusion shall be dismissed on the ground that the plaintiff's claim is without merit.

The judgment of the court of first instance is justifiable in conclusion as above.

Therefore, the plaintiff's appeal is dismissed because it is without merit.

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