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(영문) 서울고등법원 2015.03.20 2014누67767
유족급여및장의비부지급처분취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The grounds for the admitting this case by the court of first instance are as stated in the reasoning of the judgment of the court of first instance, and thus, they are quoted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

[The defendant asserts that the work hours of the deceased cannot be regarded as excessive because the work hours of the deceased do not extend, but the work hours exceed 62 hours per week before the deceased's death. According to the Ministry of Employment and Labor's notification, if the work hours exceed 60 hours per week average, it can be seen as having a strong relationship with the work and the outbreak. The medical record appraisal shows that the medical record shows a serious level of occupational physical and mental stress when the work hours prior to the death, and that there is a causal relationship between the occupational department, stress and the deceased's death. The defendant's advisory opinion also presents a medical opinion that "the possibility of the occupational division cannot be completely ruled out because of the existence of stress such as the director of the workplace, etc.," and if all circumstances cited in the judgment of the court of first instance are added, the deceased's death due to the occupational division and stress, or at least the death due to the occupational division and stress, due to the rapid aggravation of existing natural illness and stress, and thus, the judgment of the court of first instance and the judgment of second instance should be dismissed.

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