(영문) 서울고등법원 2020.04.22 2019누54025

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(영문) 서울고등법원 2020.04.22 2019누54025

유족급여및장의비부지급처분취소

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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 this case is the same as the reasoning of the judgment of the court of first instance, except for dismissal or addition as follows. Thus, this case is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

8.2. The following shall be added to the two pages:

E) As a result of the fact-finding on the Repulmonary and Medical K (Examination of Medical Records in the First Instance) of this Court, the data on the part of the deceased appears to have been colored only from the simple spact photographs on January 10, 2016 and January 11, 2016. Considering that the deceased died from rapid happiness, the disease causing the pulmonary color is likely to be the cause of death, and thus, the diagnosis cannot be confirmed because there is no further prosecutor. However, the pneumoconiosis itself is not likely to cause the pulmonary disease. Although the cause of death is not directly, the pneumoconiosis itself may not directly cause the pulmonary disease. There is no objective reason to view that the death caused by the pulmonary disease was accelerated. If the deceased’s health condition did not exist, the pulmonary diagnosis process would have been undergone.

In light of the foregoing, however, it cannot be confirmed that the death could have been delayed if the treatment was conducted under the knowledge of the cause of the outbreak. The cause of the disease may delay the death due to the subsequent treatment, and there may be possibility that the death could have been caused due to the impossibility of treatment due to the impossibility of treatment. This court’s “this court” as “court of the first instance court” is added to the 8th 3 th th th h h [based on recognition] of this court’s “the result of inquiry into the J Hospital of this court (Smoking and K).” In addition to the following 10th 3 h h h 3 h h h h l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l

참조조문

-민사소송법 제420조

-행정소송법 제8조 제2항

유사 판례

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-서울고등법원 2016.07.26 2015누62684

-서울행정법원 2019.02.19 2018구합55272

-서울고등법원 2015.10.21 2013누51512