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(영문) 서울고등법원 2019.08.29 2019누38757
진폐장해위로금부지급처분취소
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 reasons why the court should explain by the court of first instance are as follows, except for the cases where the plaintiff added additional arguments and the judgment on them in the court of first instance.

Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act shall be quoted as it is.

2. The plaintiff's assertion and judgment as to the plaintiff

A. The gist of the Plaintiff’s assertion was the employee of the instant workplace, but in fact, the Plaintiff carried out dusty work, such as extracting, dressing and processing tin directly in the tin mine located in the workplace of the F Co., Ltd. (hereinafter “F”) located in Gangnam-si G adjacent to the instant workplace (hereinafter “F”) and manufacturing cement.

The above F’s business conducted by the Plaintiff constitutes “mining” as prescribed by the Enforcement Decree of the former Pneumoconiosis Prevention Act.

B. Based on its assertion, the Plaintiff cited the H’s confirmation document (Evidence A7) that served as the Head of F Working Group.

However, even if according to the results of the inquiry into F by this court, it is difficult to recognize that the employee belonging to the instant workplace was placed in F’s workplace and engaged in dusty work. The Plaintiff’s assertion that the Plaintiff worked in F, other than the instant workplace, was not in the first instance trial but in the first instance trial. In full view of the purport of the entire pleadings, it is insufficient to recognize the fact that the said confirmation alone is insufficient to acknowledge that the Plaintiff engaged in dusty work in F’s workplace.

Unlike otherwise, the Plaintiff’s assertion premised on the premise that the Plaintiff actually worked in F is difficult to accept unless there is any evidence to acknowledge that the Plaintiff actually worked in F.

3. In conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the first instance is just in conclusion, and the plaintiff's appeal is dismissed.

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