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(영문) 서울고등법원 2015.12.08 2015누37435
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 court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following two paragraphs, and thus, the same shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Details to be added; and

A. Article 2(c) of the reasoning of the judgment of the first instance court adds the following sub-paragraph(c) at the end of the item at the trial, to the end of the "Items c. judgment". (c) In the fact-finding of the Korea Occupational Safety and Health Institute at the trial, the clinical appearance showing the most shade when exposed to the surgical truth as a result of the fact-finding conducted by the Korea Occupational Safety and Health Institute, is a surgical certificate, and the symptoms of surgical surgical surgical surgical surgical sargic

In addition, the surgical dust can cause chronic pulmonary diseases, and it is known that rare diseases may cause pneumoconiosis or pulmonary fiberization.

It is difficult to say that the decline in the function of the waste itself makes the rapid aggravation of the waste cancer, and the factors that affect the progress of the waste cancer are more important than the type of the waste cancer.

As the total smoking capacity is high, the development rate of waste cancer is high, and if non-smoking is performed, the risk of the occurrence of waste cancer is reduced, but it does not return to the general level.

Until now, there has been no known that the dynasium was the cause of pulmonary cancer.

B. The following evidence is added to the column of the end of the item “....” in Article 2 of the reasoning of the judgment of the first instance.

Results of inquiries by the Korea Occupational Safety and Health Institute

3. Thus, the plaintiff's claim is dismissed as it is without merit. The judgment of the court of first instance with the same conclusion is just, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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