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(영문) 광주고등법원(전주) 2016.11.21 2016누1603

국가유공자및보훈보상대상자요건비해당결정처분취소

Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff's primary claim is dismissed.

B. The Defendant on November 2014

Reasons

1. Details of the disposition;

가. 원고는 1984. 9. 1. 군무원으로 임용되어 육군 탄약사 B탄약창 탄약정비대의 탄약정비원으로 근무하던 중, 2010. 7. 20. 10:40 무렵 B탄약창 탄약정비공장 적하대 위 작업장에서 다른 군무원과 함께 155mm 고폭탄약 약 54kg 을 옮기는 작업을 하다가 허리를 삐끗하여 심한 허리 통증과 좌측 다리 마비 증상을 호소하며 주저앉았다

(hereinafter “instant accident”. On July 22, 2010, the Plaintiff was diagnosed as the vertebrate Trackh, No. 2-3, No. 3-4, and No. 4-5 (hereinafter “instant injury”). On July 27, 2010, the Plaintiff received treatment at the emergency center of the previous North Korean University Hospital (hereinafter “the instant accident”). On July 2, 2010, the Plaintiff was diagnosed as the vertechosis No. 1, No. 5-3, No. 3-4, and No. 4-5, No. 4-5, No. 5-3, and all-round 1, 2010.

B. On September 20, 2010, the Plaintiff filed an application for approval of medical care for the instant injury and disease on official duty with the Public Official Pension Service (hereinafter “Public Official Pension Service”). However, on October 14, 2010, the Corporation did not obtain external shocks, etc. from the date of the instant injury and disease on October 14, 2010, and most of the reasons for the instant injury and disease are changes in their happiness, and as a result of the self-official filming examination, multiple scamscopics are observed on the part of the Huuri-ri as the result of the self-official filming examination, the instant injury and disease were not approved on the ground that proximate causal relation with the official duties is not recognized.

Accordingly, the Plaintiff filed a lawsuit against the Corporation seeking revocation of the non-approval for Medical Treatment for Official Duties under the Seoul Administrative Court 201Gudan1757, and on February 2, 2012, upon receiving the Seoul High Court 2012Nu5789, the Plaintiff revoked the first instance judgment and was sentenced to the judgment accepting the Plaintiff’s claim. The Plaintiff appealed as the Supreme Court 2012Du23921, but the appeal was dismissed by the Supreme Court.

C. Since then, the Plaintiff retired from office on June 30, 2014.