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(영문) 서울고등법원 2018.10.11 2018누52879
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

The court's explanation about this case is identical to the part concerning the reasoning of the judgment of the court of first instance, in addition to the part concerning which appeal is made under Paragraph (2) below, and thus, it is citing it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

(A) The grounds alleged by the Plaintiff while filing an appeal are not significantly different from the allegations in the first instance court, and even if all evidence submitted by the first instance court and this court are examined, the first instance court’s rejection of the Plaintiff’s assertion by deeming that the instant disease was difficult to constitute a disease due to official duties is justifiable). On the third part of the first instance judgment, “No. 25,” “No. 27,” as “No. 13,” was dismissed.

Each "this court" of the first instance court in the 3th sentence, the 14th sentence, the 9th sentence, and the 12th sentence shall be applied to all "the first instance court".

Part 5 of the text of the first instance judgment, the term “the blood pressure” in Part 4 was cut to “the blood pressure” with 128/81m Hg of 2012, 139/90m Hg of 2013, 2013.

Part 5 of the judgment of the first instance, part 5 of the first instance court stated "A has smokeed for about 10 years in excess (at least 10 years in excess)" as "A has smoked for at least 10 years in excess (at least 10 years in excess) from around 2012," and part 9 of the judgment of the court of first instance stated "A has smoked for about 10 years in excess of 10 years in excess of 15" as "A has smoked for about 4 years prior to the diagnosis of the disease of this case, but has continuously smoked for about 10 years in the previous year."

In conclusion, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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