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(영문) 서울고등법원 2020.08.20 2020누30902
유족급여및장의비부지급처분취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition following the second page No. 6 of the judgment of the court of first instance No. 18. Thus, this case is quoted by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of

The Defendant asserts to the effect that “the instant accident was an accident that occurred in the course of the pain to treat the personal disease unrelated to the deceased’s occupational disease, and thus, there is no proximate causal relation between the deceased’s work and the deceased’s death.”

However, in full view of the following circumstances acknowledged by adding the aforementioned evidence and the statements and images of evidence Nos. 9 through 19 as well as the overall purport of the pleadings, it is reasonable to deem the instant accident to be an accident that occurred in the process of leading the deceased to the F Hospital, which is an industrial accident insurance-related medical institution, to the normal route and method, in order to treat the injury and disease, such as Eulphane addiction, which is recognized as an occupational accident.

Therefore, this part of the defendant's assertion based on a different premise is without merit.

① From 2015 to 2017, F Hospital, which is an industrial accident insurance-related medical institution, submitted an industrial accident compensation insurance medical treatment plan to the Vice-Governor of the Defendant’s Office. The name of the deceased’s main disease is “hurgical carbon poisoning”, “hurgical disease is higher than the name of the injured, hurgic, and CS2 Eulphane addiction”. As to the medical treatment plan, etc., it is necessary to continuously treat drugs and a periodic examination by appealing the depression, hurgic disease, etc., such as CS2, hurgic and abnormal, and hurgical difficulty.

‘The purpose of ‘' is written.

② In accordance with the above medical treatment plan, the Deceased’s 15th day of each month from January 11, 2016 to November 22, 2018, prior to the occurrence of the instant accident.

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