1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment on the plaintiff’s argument in the first instance under Paragraph (2) below, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Judgment on the Plaintiff’s assertion of the trial

A. The plaintiff alleged in the plaintiff's argument that the existence of proximate causal relationship between work and accident should be determined on the basis of the health and physical condition of the worker concerned, not on the average, rather than on the basis of the average person, and the deceased had a heart disease in the past but has performed normal work at ordinary times; the deceased was performing his/her normal work at ordinary times; and the deceased was under excessive stress due to excessive amount of work and pressure from the funds of the non-party company, he/she was going to go through a business trip to Da and late night so as to understand the C to cancel the mutual aid contract during his/her normal work hours; and as a result, the existing heart disease rapidly aggravated above the natural progress and died with an acute fluence, a proximate causal relationship is acknowledged between the deceased's death and work.

B. According to the reasoning of the judgment of the court below, Gap evidence No. 9 and the result of the examination of the medical record entrusted to the head of Samsung Seoul Hospital at the time of the trial, the deceased received an ornamental marcing surgery around November 2009 due to the cardio-cerebral disease, and the fact that the heart function of the deceased was far away from the heart function of 38% despite the operation.

However, the appraisal of medical records at the trial may cause increase in the number of the patient who has a weak heart function that is in drinking and performing duties, and the decrease in the number of blood transfusion, etc., so the patient of high-risk group can be considerably dangerous. In the case of the deceased, there is a possibility that long-distance travel and drinking have aggravated the heart disease above the natural speed, but the heart function is far away.