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(영문) 서울고등법원 2018.11.02 2018재누10089
유족보상금부지급처분취소
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. The following facts, which have become final and conclusive in the judgment subject to a retrial, are apparent or apparent in records in this court:

The plaintiff's wife B (hereinafter referred to as "the deceased") was killed while serving as a daily-service street cleaners who performs the inside cleaning of the apartment complex of the Jung-gu, Jungdong-gu, Incheon Metropolitan City, which is constructed by the Mami Construction under the jurisdiction of the Korean Green Environment.

B. The Plaintiff filed a claim for the payment of bereaved family’s benefits and funeral expenses against the Defendant on the ground that the deceased died due to overwork and stress while on duty. On September 17, 2012, the Defendant rendered a decision on the bereaved family’s benefits and funeral expenses (hereinafter “instant disposition”) on the ground that there is no proximate causal relation between the deceased’s work and the death.

C. Accordingly, the Plaintiff filed a lawsuit against the Defendant seeking the revocation of the instant disposition as Seoul Administrative Court 2013Guhap1007, and the said court rendered a judgment dismissing the Plaintiff’s claim on June 12, 2014.

The Plaintiff appealed against this and filed an appeal under this Court 2014Nu54631, but this Court rendered a judgment dismissing the Plaintiff’s appeal on February 5, 2015 (Article 1 subject to review) and the final appeal (Article 2015Du38832), thereby rendering a judgment dismissing the Plaintiff’s appeal, which became final and conclusive on May 28, 2015.

E. The Plaintiff filed a lawsuit for a retrial under Article 451(1)7, 9, and 10 of the Civil Procedure Act with respect to a judgment subject to a retrial, on the grounds that there exist grounds for a retrial under Article 451(1)7, 9, and 10 of the Civil Procedure Act, and this Court rendered a judgment dismissing or rejecting the said judgment on November 21, 2017 (see Supreme Court Decision 201Du7405, Mar. 15, 2018) (see Supreme Court Decision 2017Du7405, Mar. 19, 2018). The judgment subject to a retrial became final and conclusive on March 19, 2018.

2. The assertion and judgment

A. The plaintiff's summary of the plaintiff's assertion is the first and second review judgment, and ①.

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