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(영문) 부산고등법원 2017.06.21 2016누24373
유족급여 및 장의비청구서 처리 결과 알림
Text

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 reasons why the court accepted the judgment of the court of first instance are as stated in Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, since the reasons why this case is used by the court are identical to the reasons of the judgment of the court of first instance.

[The first instance court did not have any evidence that there is a proximate causal relationship between the deceased's work and the death caused by blood transfusion in brain-resistant, and thus, the defendant's disposition of this case based on the premise that the causal relationship is recognized between the deceased's work and the death is unlawful.

Based on the judgment of the court below, the plaintiff's claim seeking cancellation of the notice of collection of industrial accident insurance benefits amount was accepted. The defendant basically repeats the same argument in the court of first instance. Thus, even if the defendant's partial supplement of evidence is considered and examined closely by comparing the submitted evidence with the record, the first instance judgment is still justified.

2. In conclusion, the part of the plaintiff's claim seeking cancellation of the notice of collection of industrial accident insurance benefits, is justified, and the judgment of the court of first instance is just in conclusion.

The defendant's appeal is dismissed on the ground that it is without merit.

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