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(영문) 서울고등법원 2017.04.06 2016누77461
유족급여및장의비부지급처분취소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for admitting the judgment of the court of first instance, which the plaintiffs asserted in the trial while appealed, are not significantly different from the contents claimed by the plaintiffs in the court of first instance, and even if evidence and reference materials submitted in the court of first instance and the court of first instance are reviewed together with the plaintiffs' assertion, the judgment of the court of first instance

Therefore, the court's reasoning for this case is that there is a medical opinion that "(the same shall apply to the case where the deceased drives a vehicle for commuting to and from work of another worker in addition to work at the construction site)" in Part 9, Part 2, of the judgment of the court of first instance, and Part 5, and that "(n)" in Part 10, 5, "I may act as a dangerous factor in a acute alarm." However, this is merely a presentation of a general possibility on one of the various factors that may affect the occurrence of acute alarm disorder, which is the cause of the death of the deceased, even if the temperature at the time of the death of the deceased was very low (the same shall apply to the case where the deceased drives a vehicle for commuting to and from work of another worker in addition to his work at the construction site." However, it is difficult to view that the first instance judgment and the second instance court's first instance court's second instance's second instance's second instance's second instance's second instance's second instance's second instance's second instance's second instance's second instance's second instance's second instance's second instance's second instance's second instance's second ground.

2. Thus, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit.

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