logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.09.25 2014누68326
유족급여및장의비부지급처분취소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment by this court as stated in paragraph (2) of this Article, and thus, it is citing it as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article

2. The Plaintiff asserts, based on the grounds of appeal, that “B’s pneumoconiosis and its complication have deteriorated to the extent that it would have a significant impact on B’s death, and that the original part of the pre-explosion of cancer is also discarded. Even if not, it is the most reasonable to view that the progress rate of cancer has rapidly aggravated to the natural transitional speed due to pneumoconiosis, and thus, proximate causation between B’s pneumoconiosis and death is acknowledged.”

The above assertion made by the plaintiff in this court does not differ from the contents of the plaintiff's claim in the first instance court. The first instance court's decision rejecting the plaintiff's claim is justified, even if all of the evidence submitted in the first instance court and the evidence submitted in this court (the result of the appraisal supplementation commission for the head of Seoul Hospital Hospital) are examined.

3. Therefore, the judgment of the court of first instance, which dismissed the plaintiff's claim based on the conclusion, is justifiable, and the plaintiff's appeal is dismissed as it is without merit, and the costs of appeal are borne by the losing plaintiff.

arrow