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(영문) 서울고등법원 2017.09.01 2016누80641
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 court's explanation concerning this case is identical to the reasoning of the judgment of the court of first instance, except for the addition of the judgment by this court under paragraph (2) of this Article, and therefore, it shall accept this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act

2. The Plaintiff’s additional decision in this court is sufficiently recognized by evidence as the reason for appeal by this court that “the deceased was unable to take a proper rest, such as receiving counseling on duty, and that the deceased who was originally in active service due to continuous reduction of the number of persons, last, was suffering from chronic skin and stress during work, such as engaging in the work at the outside work site. Although there was health of the deceased, this is merely a general level of stress and stress on the deceased’s 50-year adults, such as blood pressure and urology, even if there was health of the deceased, this is nothing more than that of the deceased’s 50-year adults, and thus, the deceased’s death is a result accumulated from stress and chronic skin due to excessive work. Therefore, proximate causal relation between the deceased’s work and death of the present case is recognized.”

The above assertion made by the plaintiff in this court is not different from the contents of the plaintiff's assertion in the first instance court. However, the first instance court's rejection of the plaintiff's assertion is justified even if all of the evidence submitted in the first instance court and the result of the request for the examination of medical records to the head

3. Therefore, the judgment of the court of first instance which dismissed the plaintiff's claim based on this conclusion is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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