(영문) 서울고등법원 2020.11.19 2019누64541

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2020.11.19 2019누64541

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 grounds alleged by the plaintiff in the trial while filing an appeal for the acceptance of the judgment of the court of first instance are not significantly different from the contents alleged by the plaintiff in the court of first instance, and the judgment of the court of first instance dismissing the plaintiff's claim even if the evidence submitted in the court of first instance and the court of first instance are

Therefore, this court's reasoning is identical to the reasoning of the judgment of the court of first instance except for dismissal or addition as follows. Thus, this court shall accept it in accordance with Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

On the 3th of the first instance judgment, the "business trip" in the 8th of the 3th of the 1st instance judgment (the date of the business trip including lodging for the three-month period prior to the date of the accident in this case shall be 35 days out of the total working day) shall be deemed "................"

4. The 7th page "No. 12" of the 4th 7th eth 7th eth eth 12, 14, and the 8th eth eth eth eth eth eth eth eth eth eths

6.On the 6th page, the following shall be added:

(D) On February 10, 2020, the Plaintiff filed a petition with the Seoul Eastern District Office to the effect that “the deceased was unable to receive overtime allowances, etc. from the instant company,” and then withdrawn the petition by receiving overtime allowances, etc. from the instant company.

In the case of the Deceased’s work hours calculated in the above petition case, the Deceased’s total work hours of 53 hours and 30 minutes, 52 hours and 30 minutes, 45 hours and 30 minutes, 53 hours and 54 hours and 30 minutes, 56 hours and 46 hours prior to 6 weeks, 50 hours and 50 hours prior to 7 weeks, and 48 hours prior to 8 weeks, and 9 hours prior to 18 hours, etc. were investigated to be shorter than those calculated by the Defendant.

8. The above petition filed by the Plaintiff, as seen earlier, after the 8th parallel of conduct.

참조조문

-민사소송법 제420조

-행정소송법 제8조 제2항

유사 판례

-서울고등법원 2020.11.19.선고 2019누64541 판결

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