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(영문) 서울고등법원 2017.04.26 2016누54604
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

The reasoning of the judgment of the court of first instance is that the reasoning of the judgment of the court of first instance is the same as that of the part of the judgment of the court of first instance, except for adding the following provisions of paragraph (2). Thus, this is cited by Article 8(2) of the Administrative Litigation Act and Article

The following shall be added to the part to be added after the second page of the first instance judgment.

According to the results of fact-finding with respect to C of the Seoul University, the above appraisal expressed the opinion that “the symptoms or Type 1 do not cause structural change of the pneumoconiosis and do not create or deteriorate the concentration of pneumoconiosis because they are the normal function. Smoking is not the risk of the pulmonary cancer, and thus plays an important role in the occurrence of the pulmonary cancer. Smoking plays an important role in the occurrence of the pulmonary cancer. Smoking is the most important risk factor of the pulmonary cancer (at least 90%), and pneumoconiosis is not the one of the most dangerous factors of the pulmonary cancer. In particular, pneumoconiosis is not the one of the risks of the pulmonary cancer, and there is no pulmonary cancer in connection with the pneumoconiosis compensation.” However, since the pulmonary disease is not significantly aggravated to the death of the deceased due to the pneumoconiosis, Article 2(m) of the Enforcement Rule of the Act on the Prevention of Pneumoconiosis and Protection, etc. of Pneumoconiosis Workers, amended by the Ministry of Labor Ordinance No. 158 on October 14, 1999.

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