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(영문) 서울고등법원 2017.05.31 2016누58217
유족급여및장의비부지급처분취소
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 grounds alleged in the trial while the plaintiff appealed from the judgment of the court of first instance are not significantly different from the grounds alleged in the judgment of the court of first instance.

The evidence submitted in the first instance trial, taking into account the overall purport of the argument, the deceased's occupational and stress caused cerebral typhism (cerebral typhism) which is the preceding death of the deceased.

It is not sufficient to recognize that the deceased was the degree of death because the existing disease has aggravated due to natural or beyond the natural progress, and there is no other evidence to acknowledge it.

Therefore, it cannot be said that there is a proximate causal relation between the deceased’s work and death, so the fact-finding and judgment of the first instance court are justified.

Therefore, this court's reasoning is the same as the reasoning of the judgment of the court of first instance. Thus, this court's reasoning is cited in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. In conclusion, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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