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(영문) 서울고등법원 2017.12.12 2017누63773
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 cited in this case is as stated in the reasoning of the judgment of the court of first instance, except for the following additional parts, thereby citing it pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

In the first instance judgment 5 pages 2, 5, and 2, the phrase “it is difficult to see that there was any defect in facilities or neglect of management in the instant accommodation provided by the business owner, taking into account the fact that there was no inflammable substance at the point of combustion, and there was a fire extinguishing machine installed at a place less than 4 meters away from the entrance of the instant accommodation.”

Then, 5 pages 3 of the judgment of the court of first instance added "at the same time, in light of the background and progress of the deceased's drinking as seen earlier, it cannot be deemed that the business owner has a duty of care to have the Easters with the deceased to see their work instruction."

6 pages 1 of the first instance judgment, 6. Then, the “the deceased has to start his business on the following day and there was a reason for the deceased to do so.”

Then, “(10 and 17) of the first instance judgment shall not be 7 under the bottom of the 6th judgment,” and thereafter add “(10 and 17 are insufficient to reverse this judgment only with the partial statement of D of the East Workers D as stated in the evidence.”

2. In conclusion, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit.

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