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(영문) 서울고등법원 2017.06.09 2016누61404
유족보상부지급처분취소
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 judgment of the court of first instance cited in this case is as stated in the reasoning of the judgment of the court of first instance, except for adding a judgment to this court as follows. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. The Plaintiff asserts in this court that “The reason for the death of the deceased is ① the reason for the death of the deceased, which is an existing disease, caused the death of the deceased, and caused the heart suspension rapidly above the natural progress speed by causing the death of the deceased, or ② the occupational in-depth burden and physical fitness that the deceased fire officer received as a normal fire-fighting official, causing the death of the deceased, resulting in the death of the deceased and a proximate causal relation between the deceased’s death and his/her official duties.”

The above assertion made by the Plaintiff in this court does not differ from the contents of the Plaintiff’s assertion in the first instance court. The evidence submitted by the first instance court is the result of the fact-finding on the director of the Han River University Gangwon-do Hospital. Even if the evidence submitted by the Plaintiff was added to the evidence submitted by this court, the first instance court’s decision rejecting the Plaintiff’s assertion on the same ground as cited earlier is justifiable. Thus, the above argument by the Plaintiff is without merit.

In particular, according to the result of the fact-finding with respect to the head of the Han River University Dental Hospital, the appraisal of the deceased's medical records at the first instance court could occur during the physical training. However, there is no evidence that there is a serious connection compared to ordinary ties, and it is difficult to view that the existing disease is rapidly aggravated due to the physical exercise, and ② that the deceased's medical records for a long time worked as a fire-fighting officer is rapidly aggravated.

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