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(영문) 서울고등법원 2017.03.30 2016누70118
진폐유족연금및장의비부지급처분취소
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 follows, and the court’s explanation of this case is identical to the ground of the judgment of the first instance except for supplement of the court’s determination under Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Considering the following circumstances comprehensively based on the evidence submitted by the first instance court and this court as well as the overall purport of the pleadings, it is insufficient to recognize that there exists a proximate causal relationship between the net B (hereinafter “the network”)’s pneumoconiosis or its certificate of merger and the death even if all of the evidence presented by the Plaintiff were examined. The first instance court’s determination rejecting the Plaintiff’s assertion is justifiable, as there is no other evidence to acknowledge it.

① From August 1, 1959 to July 31, 1967, the Deceased worked as a mining department of CY. From that time, the Deceased was diagnosed on June 28, 2005, which was about 37 years and 11 months thereafter, and died at the age of 81 years on September 28, 2012.

Considering the fact that the deceased died after about 45 years of the completion of dusty work environment work and the age at the time of death, it is not clear that the relationship between the deceased’s pneumoconiosis and the death is not clear.

② The Deceased was diagnosed on January 8, 1986 and December 9, 1992, and there was no pulmonary function disorder.

Although the Deceased was diagnosed on June 28, 2005 for pneumoconiosis (type 1 pneumoconiosis), on July 13, 2005, 81% (FEV1) was within the normal range (80 to 120%).

③ On November 24, 1999, prior to the diagnosis of pneumoconiosis with the deceased, the cardiotrial Fibrith was reported. From October 26, 2002, the heart misconduct was from December 3, 2005, the sulphal mar inculphal heart, from February 23, 2008, and the treatment of cardio-cerebrovascular diseases, such as cardio-cerebral tension, was continuously conducted from January 12, 201, to December 23, 2004.

④ On September 14, 2004, the Deceased shall 119 vehicles with insects.

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