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(영문) 서울고등법원 2016.12.16 2015누55051
유족급여및장의비부지급처분취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the dismissal or addition of the following contents among the grounds of the judgment of the court of first instance. Therefore, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420

(1) On the 4th and 17th page, “on the following day” shall be read as “on the disaster day of this case on the following day”.

(2) On the 6th page, the following shall be added:

(F) As a result of the request for the appraisal of medical records to the Head of the Central University Hospital of the trial court (the details of the plaintiff's appraisal) and the long-term work in a damp environment, it is determined that the deceased could act as a factor to cause acute funeral from the patient with high-speed mental disorder such as the deceased. While there are studies that traced the survival rate in the patient with high-speed mental disorder such as the deceased, it is necessary to treat drugs and, if necessary, follow the follow-up research and follow-up after the implementation of heart malutism, and it is ethically impossible for the deceased to conduct the follow-up observation without taking any measures against the known patient with high-speed malute. Therefore, it is determined that it is difficult for the deceased to specify the probability of death without the death of the deceased at the time of the death of this case, but it is difficult to consider that there is a high-level possibility that the death of the deceased might have occurred more frequently and more frequently in relation to funeral stress stress and high physical activities.

Although it is clear that the main cause of the deceased's death is a scarcity heart disease, it is likely that the long-time outdoor work of high temperature has been a person who has aggravated caused a sudden death.

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