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(영문) 서울고등법원 2020.05.22 2019누37457
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 ground for appeal by the plaintiff citing the judgment of the court of first instance is not significantly different from the argument in the court of first instance, and even if the evidence submitted in the court of first instance was presented additionally to this court, the fact-finding and judgment of the court of first instance are justified.

Therefore, the reasoning of the judgment of the court on this case is as stated in the reasoning of the judgment of the court of first instance, except for dismissal or addition as stated in the following Paragraph (2). Thus, it 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.

2. Each Court of Justice Nos. 8, 2, 10, and 18, respectively, shall be dismissed or added as “the first instance court”.

In the second sentence of the first instance judgment, the part of the first instance judgment, “the foregoing, by adding the entire purport of the pleading to the factual relations” is as follows: “In the foregoing fact, the result of the request for the examination of medical records on Lpulmonary pulmonary patients and M, and the entire purport of the pleading.”

"The first instance court" shall be added to "the appraisal" of the 9th instance court, the 10th and the 4th of the 10th page, respectively.

In the first instance judgment, the first instance judgment Nos. 10 to 9 are as follows.

In addition, considering the fact that “the pulmonary waste occurred in the E Hospital, but the pulmonary waste occurred before August 16, 2016, unlike the transfer of the F Hospital on August 20, 2016, and it appears that a new waste is likely that a new waste has occurred,” the deceased’s appraisal of the medical record of the deceased in this court also expressed his opinion that “the pulmonary waste occurred in the E Hospital,” separate from the waste collection or plefting that occurred in the E Hospital, it is highly likely that the death would have occurred due to the pulmonary waste that occurred at the time of the new commencement of eating (wter feing, liquat or soft deatht).” In addition, in the first instance judgment of the first instance, the fourth column of the first instance judgment added the following contents to “the few,” “the few,” and the following.

The plaintiff's motion is re-written by this court.

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