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 cited “health examination” as “health examination,” and even if the evidence submitted by the Plaintiff to this court is added to the evidence, the fact-finding and judgment of the court of first instance is justifiable, and it is identical to the ground of the judgment of the court of first instance except where the Plaintiff added a decision that there is no error as alleged by the Plaintiff, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

(1) The Plaintiff asserted that the average working hours per week during 12 weeks prior to the deceased’s death were at least 56 hours and 42 minutes, and that the average working hours per week during 4 weeks prior to the deceased’s death were at least 49 hours and 44 minutes. However, the circumstances alleged by the Plaintiff and the evidence submitted by the Plaintiff alone are insufficient to acknowledge the facts alleged, and there is no other evidence to acknowledge the allegation. Furthermore, even if the above working hours are acknowledged, it is difficult to conclude that the average working hours per week as delegated by Article 34(3) and 3 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act of the Ministry of Employment and Labor fall short of the average working hours per week as stipulated in the “matters necessary for determining whether to recognize the occupational disease of cerebrovascular or cardioscular disease or cardioscular disease” as alleged by the Plaintiff, and thus, the Plaintiff’s claim in this case was dismissed due to the lack of grounds, and the judgment of the first instance court is justifiable, and thus, it is dismissed as per Disposition by the Plaintiff’s appeal.