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(영문) 서울고등법원 2015.09.25 2014누58619
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 that, on the grounds of appeal, the causal relationship between the duty, disease, and death is acknowledged when considering that “C has performed much more severe work than ordinary times by preparing seminars for the three-month period immediately preceding the disaster, and C has suffered from the disease in the ordinary heart during the three-month period. Therefore, the Defendant’s disposition of the bereaved family’s benefits and funeral expenses imposed by the Defendant on the ground that there was no causal relationship, should be revoked as it is unlawful.”

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 fact-finding results on the head of the Geman University's University affiliated with the Geman University.

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.

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