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(영문) 서울고등법원 2019.07.19 2018누67352
유족급여및장의비부지급처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, citing the instant case, is the same as that of the judgment of the court of first instance, except for the part resulting in a dismissal or addition as follows, and thus, it shall be quoted pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act

(Other matters alleged by the Plaintiff in the trial are not significantly different from the contents alleged by the Plaintiff in the first instance trial, and even if all of the evidence submitted in the first instance and the trial were examined, the judgment of the first instance court that rejected the Plaintiff’s assertion is justifiable). [The part to be cited or added] The reasoning of the judgment of the first instance court is as follows.

An appeal (from the second to the third half of the judgment of the court of first instance) shall be raised as follows.

A. The deceased B (hereinafter “the deceased”) worked for approximately 11 years and four months from January 3, 1962 to May 31, 1973 as workers engaged in mining source and quarrying at the Korea Coal Corporation CYA, and was diagnosed as a type 1 (1/2) pneumoconiosis type as a result of the intensive diagnosis of pneumoconiosis conducted from November 24, 2003 to November 29, 2003 and was determined as class 13 from May 14, 2012 to May 18, 2015.

In the judgment of the court of first instance, the "No. 4" of the first instance judgment is deemed to be "No. 4 and No. 6".

On the fourth side of the first instance judgment, “the deceased’s guardian” is added in front of the “affirmative” in the third instance judgment.

In the judgment of the first instance, the 5th and 16th of the 15th of the 16th of the 15th of the 16th of the 1st instance, “ without relation to the pulmonary function disorder, etc. caused by pneumoconiosis or pneumoconiosis,” shall be considered as “less without relation

If the judgment of the first instance is 8 pages 10 to 12, the deceased’s health condition change is not determined to be due to pneumoconiosis or to be rapid due to pneumoconiosis.”

On the 9th page of the first instance judgment, the reason for the deceased’s death can be accurately known.

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