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(영문) 서울고등법원 2017.08.25 2016누79153
유족급여및장의비부지급처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the court’s explanation concerning this case are as follows: (a) the court shall correct “this court” in the fourth fourth sentence of the judgment of the court of first instance to “court of the court of first instance”; and (b) the reasoning for the judgment of the court of first instance is as stated in the reasoning of the judgment, except for the determination of additional claims by the plaintiff in the court of first instance under the following sub-paragraph (2). As such, this shall be cited in accordance with Article 8(2) of the Administrative Litigation Act

2. Additional determination

A. The Plaintiff’s assertion summary not only caused the death of the deceased due to the instant accident, but also the deceased died on his job, including the deceased who was a kind of friendly relationship with the deceased at the time of the instant accident, and three persons, including the deceased, were killed, and three persons were killed. The deceased suffered from stress disorder, such as direct witness, severe loss, and experience of sacrifeing.

The Deceased’s suicide is recognized as a proximate causal relationship between suicide and work of the Deceased, while the Deceased suffers from stress disorder for a long time, has been significantly lacking normal perception ability, ability to choose behavior, and mental suppression ability.

B. According to the fact-finding results of this court's fact-finding on the KITol University Seoul Escar Hospital and Samsung Seoul Hospital, the deceased may be deemed to have high risk of stress disorder. However, medical records alone are difficult to presume mental diagnosis, and it is difficult to think that a chronic pain patient does not intentionally undergo mental and medical treatment, and there is insufficient ground to determine that the deceased suffered stress disorder and a suicide due to the accident in this case, and there is insufficient evidence to recognize that the deceased suffered from stress disorder due to the accident in this case, and thereby, it is difficult to accept the plaintiff's above assertion.

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