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(영문) 서울고등법원 2017.03.08 2015누58296
유족보상급부지급처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Reasons

The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance, except for the dismissal or addition of part of the judgment of the first instance as follows. Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act. The phrase “19:10” in Part 6 of the judgment of the second instance is understood as “18:0.”

Part 3 of the first sentence [based grounds for recognition] includes “the results of fact-finding on the D market of this Court”.

The third-party "19:00" in the 19th sentence shall be changed to "18:00."

The first parallel "19:10" in the fourth parallel shall be changed to "18:00".

Part 8 of the 8th part of the 18th part [based on recognition] "Witness J and F's testimony" shall be read as "each testimony of J and F by the witness of the first instance court, J and F," and add "the statement of No. 4, the inquiry results with respect to H Hospital of this court," and "the inquiry results with respect to D market of this court."

Each "Public Officials Pension Act" in the 8th, 9th, 5th, and 8th, shall be regarded as "former Public Officials Pension Act (Amended by Act No. 13387, Jun. 22, 2015)".

The following shall be added in the front of the 8th Patia “I” of the 9th Patia:

Article 14 of the former Enforcement Rule of the Public Officials Pension Act (amended by Ordinance of the Prime Minister No. 1311, Aug. 1, 2016) provides that “Where a public official suffers an injury or dies due to a traffic accident, fall, or other accident that occurs while he/she goes to work or leaves work in a normal route and in a normal manner, or leaves his/her workplace or leaves his/her workplace, he/she shall be deemed an injury

The term "ordinary route and method" refers to a considerable route and method deemed generally accepted by social norms to be generally used in accordance with the transportation conditions of the region when they return to and from the dwelling and work place. Among them, the term "ordinary route" refers to the required time and distance, etc., taking into account all the traffic conditions.

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