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(영문) 대전고등법원 2016.10.28 2016누10303
유족연금및장의비부지급처분취소
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 court's explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the case being cited or added by the following parts, and thus, it shall be cited as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. Each “this Court” in the part of the judgment of the court of first instance shall be subject to the dismissal of each “court of first instance” in the 3th, 3, 14, and 20.

B. 1) Subsequent to the third part of the judgment of the first instance, “the result of the examination of fact to the Korean Medical Association” in the third part of the judgment of the first instance. 2) Subsequent to the third part of the judgment of the first instance, “The result of the examination of fact to the Korean Medical Association” was added. 4) Subsequent to the third part of the judgment of the first instance, the Korean Medical Association added “(4)” to “The fact that the astronomical and chronic closed disease of the deceased was caused by personal actions unrelated to pneumoconiosis and most important to the disease, and the pneumoconiosis grade 11, 13, which was diagnosed by the deceased, is unlikely to cause the decline of the pulmonary function, the respiratory difficulty, and the situation at the time of the death of the deceased is the typical heart symptoms, and the opinion is presented that “the hume heart heart disease seems to have been caused by it.”

3. If so, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed.

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