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(영문) 대전고등법원 2016.09.01 2015누12722
유족급여 및 장의비 부지급 처분 취소청구
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is identical to the ground of the judgment of the court of first instance, except for changing the three pages 4 through 14 of the judgment of the court of first instance to the following paragraphs 2. Thus, this is cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420

2. The term "occupational accidents" in the Industrial Accident Compensation Insurance Act means the injury, disease, physical disability, or death of an employee who was caused by his/her duties while performing his/her duties. As such, there should be causation between his/her duties and disaster, and the method and degree of proof should be proved by direct evidence. The method and degree of proof does not necessarily necessarily have to be clearly proved by direct evidence, but can be sufficiently proved to the extent that proximate causal relation between his/her duties and accidents can be inferred by indirect facts, such as health conditions at the time of employment, existence of existing diseases, nature of his/her duties and working environment, and transfer of the same kind of disease of another employee employed at the same workplace. However, it is difficult to find out that there is a causal relation between his/her duties and accidents, such as testimony at the court below's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's first instance court's second instance court's first instance court's second judgment's second judgment's second judgment's second judgment's second judgment's second judgment's evidence.

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