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(영문) 서울고등법원 2017.12.19 2016누69842
유족보상금부지급처분취소
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 in this case is the same as the reasoning of the judgment of the court of first instance, in addition to the part added or added below, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

The following shall be added to the statement 4 of the first instance judgment and 10 pages.

After that, according to the results of the above medical examination, the deceased was confirmed to be suffering from urology as a result of the secondary examination of urology conducted on November 26, 2013.

The following shall be added to 5 pages 12 of the judgment of the first instance.

Meanwhile, the deceased’s total overtime hours in 2014 were 38,357 minutes (as approximately 639 hours a day, about 2 hours a day), and the average overtime hours in 2014 of other employees in the Ddong community service center of Changwon-si were 31,926 minutes a day (as approximately 532 hours a day, about 1.45 hours a day).

At the fifth bottom of the judgment of the first instance, three hours “07:45,” followed: “(The average hours of attendance outside party workers are 08:30).”

The following shall be added to 6 pages 3 of the judgment of the first instance:

C. A medical doctor H, who carried out a draft physical examination against the deceased, stated that “The 50th male men who did not have been verified with the symptoms of ordinary disease, did not have the possibility of external personnel death,” and that there was the highest possibility of acute heart funeral among the various causes of internal personality death, and presumed the private person as a acute heart funeral. As long as it was not confirmed through the autopsy, the possibility of acute heart funeral is presumed, and it is impossible to predict it.” As long as the substantial abnormal check of the heart has not been confirmed through the autopsy, the medical doctor H expressed the opinion that “the deceased was a clinical death at the time of arrival of the emergency room, and there was no previous medical record and treatment experience, and thus it is difficult to presume the private person.” In the medical record, the author stated that it was difficult to conclude that the deceased’s private person was a clinical death at the time of arrival of the emergency room.

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