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(영문) 대전고등법원 2018.05.23 2017누11587
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 for the court’s explanation concerning this case is as stated in the reasoning for the judgment of the court of first instance, except for the following modifications or addition of the judgment as stated in paragraph 2, and therefore, it shall accept it as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The second five to six parts of the judgment of the court of first instance are as follows. The second five to six parts of the judgment of the court of first instance are as follows.

“The hospital was hospitalized as indicated below. From June 14, 201 to October 10, 2013, the hospital was non-hospitalized as indicated in the table. A medical corporation on October 10, 2013 (hereinafter “the first hospitalization”) from October 10 to January 6, 2014, the Daejeon Hospital of the Korea Workers’ Compensation and Welfare Daejeon on January 12 to February 10, 2014, “the second hospitalization” of the medical corporation Daejeon Hospital of Daejeon on February 10, 2014 to April 2, 2014.

(b) by inserting the second 14th 14th 14th 14th 14th 14th 14th 200, “(including each number; hereinafter the same shall apply)”.

C. Following the second half of the judgment of the first instance court, “Industrial Accident Compensation Insurance Act (amended by Act No. 14933, Oct. 24, 2017)” shall be added.

2. Additional determination

A. The Plaintiff’s assertion was hospitalized at Daejeon Line Hospital, Daejeon Hospital of the Korea Workers’ Compensation and Welfare Service, and D Medical Center due to occupational accidents. However, in these series of hospitalized treatments, hepatitis B, which had been an existing disease, rapidly aggravated and death occurred early, and thus, there was a proximate causal relation between the occurrence, death, and occupational accident of liver cancer.

B. The following facts can be acknowledged in full view of the records on Gap evidence No. 11, the records on the request for appraisal of medical records to the president of the Korean Medical Association of the court of the first instance and the purport of the entire pleadings

1) On November 201, 2013, the Daejeon Hospital of the Korea Workers’ Compensation and Welfare Service planned a close inspection of hepatitis B to the Deceased, but did not implement it due to the refusal of the Deceased. 2) On the Deceased, the deceased on June 15, 2013, and the same year.

7.2.2. The same year.

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