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(영문) 서울고등법원 2016.05.13 2015누50278
유족보상금부지급결정 등 처분 취소 청구의 소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is as follows: (a) each of the 10th 7 parallels and 12th 4 parallels in the judgment of the court of first instance (hereinafter “Witness”) shall be cited as “Witness K,” and (b) the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for adding the judgment of the court of first instance as follows. Therefore, this shall be cited in accordance with Article 8(2

2. The plaintiff added to this court in light of the reasons for appeal that "(1) there is no objective proof of the influence of occupational occupational or stress on the outbreak of the injury or disease of this case, and there is a smoking interest to the deceased, ② the deceased merely takes overall charge of the ordinary administrative affairs as G, and substantial duties were performed by a professional staff who is capable of English, and even in light of the contents of excessive duties, it is not sufficient to recognize the deceased's excessive duties, and it is unclear whether there was an excessive work before the time of the injury or disease of this case, the disease of this case is the personal and material cause of the deceased, and there is no proximate causal relation with the official duties."

In addition to the evidence examined in the first instance court and the evidence examined in this court, the judgment of the first instance court that rejected the Defendant’s assertion on the same grounds as cited earlier is justifiable. In particular, as the deceased was transferred to J by a personnel announcement unexpectedly five months prior to the occurrence of the instant injury, the deceased complained of shock and loss to the surrounding persons, and most employees have suffered considerable mental burden because they were able to perform their duties in an unfluent English language while adapting to the straw work environment comprised of contract workers who are fluent in English, and were present at the meeting that was unfluent.

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