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(영문) 서울고등법원 2019.03.07 2018누49644
순직유족보상금부지급처분취소
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 this case is as stated in the reasoning of the judgment of the court of first instance, except for cases where the reasoning of this case is written or added as stated in paragraph (2). Thus, this is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act

2. The portion of “8 to 14, 18” in the part 3 pages 7 of the 3rd 7 pages shall be read as “8 to 14, 16 to 18, 31, 32, and 34,” the portion of “the testimony of the witness F” in the 8 line shall be read as “the testimony of the witness F of the first instance trial”, and thereafter the portion of “this witness testimony of the court J” shall be added.

4. The part of “from April 20, 2015 to April 4, 2016” under the following 1 line of “from April 20, 2015 to May 28, 2016” shall be read as “from February 5, 2012 to May 28, 2016.”

4 Up to 8 lines "Papon January 18, 2012" shall be read as "Papon January 28, 2012".

4 Underwards, the part “7 hours” of approximately 6 lines shall be rounded up to 9 hours.

8 The part of "2 lines" under the bottom shall be laid up "(f)", and the following shall be added between two lines and three lines:

【Ma) The Plaintiff asserts to the effect that the deceased’s death is due to overwork and stress arising in the course of performing official duties, and that the death of the deceased is due to overwork and stress arising from the outbreak of a dynamic depression that caused a private person’s acute depression due to such occupational negligence and stress.

However, according to the testimony made by the KJ in this court from February 5, 2012 to May 28, 2016 by the dentist who treated the Deceased’s dental disease, the Deceased was already about 10 parts of the first 1 to 2 years prior to the occurrence of the suicide accident of this case, namely, from the date on which the Deceased started to leave 1 to 2 years prior to the occurrence of the suicide accident of this case, the Deceased was already about 10 parts at the time of the Republic of Korea.

The cause of the omission of an infant at the same time without pain may be stress or lack of water, but in many cases, it is related to the state of urology, oral hygiene, and mathical state.

The Deceased shall have nine (9) children after the death.

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