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(영문) 서울고등법원 2019.08.21 2018누72286
유족급여및장의비부지급처분취소
Text

1. The plaintiff's appeal is all 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 part added or added below, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

4. The following shall be added to "40 A. 40" of the first instance judgment:

(‘A’ refers to a unit indicating a lifelong smoking power, calculated by multiplying the number of cigarette values and the period of smoking a day by the number of smoking, for example: 1 A in cases of smoking for 30 years per day: A x 30 years = 30 years; 2 A in cases of smoking for 15 years respectively; 30 years = 15 years = 30 years = 30 years (Seoul National University Hospital Health Forum.) in the judgment of the court of first instance (Seoul National University Hospital......)

▣ 이 법원의 사실조회 만성폐쇄성폐질환(COPD)의 가장 중요한 위험인자는 흡연이다.

This is because COD does not occur to all Smokings.

The external risk factor is smoking, occupational dust and chemical substance, indoor air pollution, social and economic level, chronic organ infection, respiratory infection, and the internal risk factor is a gene disorder (AAA deficiency), elderly, waste growth and instrument he/she has a sensitive reaction.

In the treatment guidelines for domestic and foreign chronic closed diseases (COPD), smoking is specified as important for the first day among the persons who are at risk of COPD occurrence.

It cannot be determined as to which degree the two persons contribute among the pneumoconiosis-type A4 and the smoking history of the deceased.

The rapid aggravation of COPD is a phenomenon that may occur to any person suffering from COPD, and there is no pneumoconiosis during the risk of acute aggravation of COPD.

The cause of death of the deceased is determined to be the acute mPD of COD.

Death of the deceased is related to pneumoconiosis.

This is because there is pneumoconiosis in the risk of COPD.

From the last 13th parallels to the 14th parallels in the judgment of the first instance, the two parallels shall be followed as follows:

[Ground of recognition] Unsatisfy, Gap evidence Nos. 5, 8, 9, Eul evidence No. 1, and the court of first instance.

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