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(영문) 대법원 2013.9.12.선고 2013두9717 판결
유족급여및장의비부지급처분취소
Cases

2013du9717 Revocation of the revocation of the disposition of the bereaved family's benefits and funeral site pension.

Plaintiff, Appellee

A person shall be appointed.

Defendant, Appellant

Korea Labor Welfare Corporation

Judgment of the lower court

Seoul High Court Decision 2012 - 11470 decided April 26, 2013

Imposition of Judgment

September 12, 2013

Text

The appeal is dismissed.

The costs of appeal are assessed against the Defendant.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the judgment below in light of the records, the court below determined that the disposition of this case, which rejected the Plaintiff’s application for survivors’ benefits, is unlawful since the horse riding farm in this case does not constitute a livestock industry subject to exemption from the Industrial Accident Compensation Insurance Act after compiling the adopted evidence, was just and there was no error of law by exceeding the bounds of the principle of free evaluation of evidence against the law of experience or logic, or by misapprehending the legal principles on the subject of exemption from the Industrial Accident Compensation Insurance

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jae-young

Justices Park Poe-dae

Justices Yang Chang-soo

Justices Go Young-young

Justices Kim Chang-suk

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