(영문) 서울고등법원 2014.10.14 2012누39430

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(영문) 서울고등법원 2014.10.14 2012누39430

유족급여및장의비부지급처분취소

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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 for the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance except for the partial completion of the judgment of the first instance as set forth in the following paragraph (2). Thus, it is acceptable to accept this as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Part V through VII of the judgment of the court of first instance shall be applied in accordance with the following order:

“F) The Deceased worked normally on June 26, 2010 ( Saturdays) and worked on the 27th day following that date. Around 28:00 on the following day, the Deceased submitted a report on the quality supervision to the head of C&C team during the 20th quarter of February 2010, and submitted it again in accordance with the instructions of the head of the C&C team. Around 16:00, the Deceased received approval from the head of the headquarters via the head of the C&C team.

The Deceased, at around 16:50 on the same day, she was flick and flick on his/her own flick and flick on his/her flick and flick on his/her flick and flick on his/her flick, and lost flick on the floor of his/her flick and flick on his/her flick.

Therefore, the employees reported to 119 emergency squad while the deceased’s heart was in the heart. At the time of the 119 emergency squad’s arrival, the deceased had weak respiratory and beer and breathed, but the deceased was in a mountain, but he was supplied with a oxygen and performed cardiopulmonary resuscitation, and the heart was restored to the heart, and the motor was not used.

The deceased transferred to an emergency room of the plane captain hospital in the vicinity by the 119 emergency squad in the state of no consciousness. As a result of the inspection, the deceased was transferred to the Maritime Emergency Medical Center to the Maritime Confection Hospital in the absence of special opinions, and died on July 5, 2010 after being transferred to the Maritime Emergency Medical Center in the state of mixed water.

According to the death diagnosis report, a private person of the deceased is a prior death of low oxygen brain damage, and brain side is an intermediate preemptive event, and the pressure of brain is a direct death.

On the other hand, however,

참조조문

-민사소송법 제420조

-행정소송법 제8조 제2항

유사 판례

-서울행정법원 2012.11.27 2012구합8984

-부산지방법원 동부지원 2018.01.26 2015가합105383

-서울서부지방법원 2015.11.25 2014가단228085

-서울서부지방법원 2016.09.23 2015나38112

-서울고등법원 2016.09.01 2016누30882