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서울고등법원 2017.04.14 2016누65451
유족급여및장의비부지급처분취소
Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

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

Reasons

1. The court's explanation concerning this case is identical to the reasoning of the judgment of the court of first instance, except for the addition of the judgment by this court under paragraph (2) of this Article, and therefore, this is also accepted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. In the grounds of appeal, the Plaintiffs asserted that “The deceased F would have caused death, regardless of special circumstances, such as internal rain, fire extinguishing machines such as ledger cancer, etc., and all kinds of malicious species, etc., it would conform to the empirical and logical rules to presume that the death was ultimately caused due to a change in the deceased’s non-deficial and expendable disease, its merger certificate, and the subsequent physical condition. Therefore, there is a proximate causal relation between the pneumoconiosis of this case and the deceased’s death.”

The above assertion by the plaintiffs in this court is not different from the contents of the plaintiffs' assertion in the first instance court, and the first instance court's decision rejecting the plaintiffs' assertion is justified even if all of the evidence submitted in the first instance court and the evidence submitted in this court (A7, B7, B8-1, B-2) are examined.

3. Therefore, the judgment of the court of first instance that dismissed all the plaintiffs' claims as above is just, and the plaintiffs' appeal is dismissed as it is without merit. It is so decided as per Disposition.

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