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(영문) 부산고등법원 2020.05.20 2019누23340
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 grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance. In light of the evidence submitted in the court of first instance and the evidence additionally submitted in the court of first instance, the fact-finding and judgment of the court of first instance are justified.

The reasons why a party member should explain are the same as the reasons of the judgment of the court of first instance, and therefore, it is cited by Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

[In light of the various circumstances pointed out by the Plaintiff through the grounds of appeal and the preparatory brief, the Plaintiff repeatedly emphasizes that there is a proximate causal relationship between the deceased’s work performed and the deceased’s death. However, considering the various evidences and the deceased’s death recognized by the first instance and the appellate trial, the Plaintiff’s medical opinion, including the details of the deceased’s ordinary duty and the process of his/her work until the time of his/her death, the status of the deceased’s health, and the result of his/her medical record appraisal, is difficult to view that there is a proximate causal relationship between the deceased’s work and the deceased’s death, and the Plaintiff’s above assertion is without merit.

2. In conclusion, the judgment of the court of first instance is just and without merit, and it is so decided as per Disposition by the assent of all participating Justices.

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