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(영문) 서울고등법원 2017.01.13 2015누70388
유족급여및장의비부지급처분취소
Text

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.

Reasons

1. The reasoning of the judgment by the court concerning this part of the disposition is the same as that of the judgment of the court of first instance, and thus, this part of the judgment is cited by Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. In light of the fact that the deceased’s satise and satise was caused by a pulmonary satisfy or infection within the hospital as the satisfy was caused by the combination of the deceased’s satisfye and the satisfye caused by the death, and that the condition of the deceased rapidly aggravated immediately before the death, there is sufficient possibility that the deceased’s pulmonary satfy was generated due to the pulmonary satchymism due to the disease of this case. As such, the deceased’s death caused the death of the satisfye due

Therefore, proximate causal relation between the deceased’s work and death is recognized, and the instant disposition taken on a different premise is unlawful.

B. 1) The Deceased’s health condition, etc. was 72 cm at the time of death, 164 cm at the time of death, and 55 km at the body of the Deceased.

B) On November 17, 2004, the Deceased was treated on a 40-year basis as pulmonary pulmonary pulmonary mar, and on several occasions since May 2005, 19, 2010; on August 16, 2010; on October 11, 2010; on April 26, 2014; on June 25, 2014; on August 201, 200, the Deceased was diagnosed as chronic malary marosisic marosiss, respectively; on February 6, 2014, the Deceased was diagnosed as a chronic marvemary mary marosis’s pulmonary mar and mar mal mar mar mar mar mar mar mar mar mar, respectively.

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