1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning of the judgment of the court of first instance concerning the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the Plaintiff’s assertion by adding or emphasizing the matters added or emphasized by the court of first instance, and 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.

2. Additional determination

A. Although the plaintiff's summary of the plaintiff's assertion was merely seven years and three months, the deceased worked as a simple worker related to construction and mining, and continued to be exposed to dust, etc., even if the smoking was the main cause of the lung cancer, in light of the fact that the rate of the outbreak of the lung cancer is significantly increased when the inseminator was exposed to the determined free acid, the deceased's death was caused by occupational disease, and the disposition of this case was unlawful.

B. According to the facts as seen earlier, it is recognized that the deceased was exposed to the determined free acid while working in the coal mine for seven years and three months from the coal mine, and that this is the cause of the outbreak of waste cancer.

However, the following circumstances can be acknowledged by comprehensively taking account of the description No. 1 of Eul and the overall purport of the arguments on the request for the examination of each medical record with respect to the head of the research institute attached to the college of the first instance court and the head of the self-governing hospital of the second instance court, and the head of the self-governing university, namely, ① the deceased was unable to smoked at a level a day for 40 years a day, and smoking was a significant cause for the outbreak of waste cancer; ② the period of working in the body of coal brea was relatively short of 7 years and 3 months; ② the period of working in the body of coal brea was less than the working environment that could cause the outbreak of waste cancer even if the deceased worked on the construction site, etc. thereafter, it is difficult to view that it was a working environment that could cause the outbreak of waste cancer; ③ the end-of-life cancer that