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(영문) 서울고등법원 2018.02.14 2017누74360
유족급여및장의비부지급처분취소
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. The reasoning of the judgment of the court of first instance, such as citing the judgment of the court of first instance, shall be amended to “influent 9 of the judgment of the court of first instance,” and the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment, except supplementing or adding the judgment according to Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act.

2. Supplementary and additional Plaintiff asserts as follows.

The Deceased was diagnosed for the first pneumoconiosis (type 1/1 of pneumoconiosis) around 1982, and the pneumoconiosis symptoms and cardiopulmonary function aggravated until August 27, 2013.

It is true that it is widely known that the pulmonary condition of pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary and pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary pulmonary

The Korean Medical Association determined that the symptoms of pneumoconiosis had been a more significant factor than dypum cancer in the acute aggravation of the waste, or that the dypump "generating" contributed more to the pneumoconiosis.

As to the deceased’s extracting cancer, scarcity disease (scarcity, chronic closed-pulmonary disease, acute organ infection, etc.), it is difficult to view long-term hospital life is irrelevant to the decentralization or pneumoconiosis of the deceased.

In the end, it is reasonable to view that the disease that directly caused the death of the deceased was discarded, and that the occurrence and aggravation of the death of the deceased had a significant impact on the pneumoconiosis of the deceased.

Therefore, the death of the deceased is an occupational accident, and the disposition of this case should be revoked in an unlawful manner.

As determined in the first instance judgment cited by this Court, it is difficult to readily conclude that the waste which caused the death of the deceased was caused by pneumoconiosis or by the combination thereof, or rapidly aggravated above the natural transitional speed, and until the deceased dies.

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