공무상요양불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Around April 2016, the Plaintiff served for the Defendant as a public official in charge of the Myeon Office of Pyeongtaek-gun (C) Office Park, and on February 2, 2013, on the 17:00 Saturdays, caused cerebral blood transfusion at home (hereinafter “the instant injury and disease”), and filed an application for approval of medical care for official duties.
On June 8, 2016, the Defendant rendered a decision not to approve the said application on the ground that the instant injury and disease was not found to have a proximate causal relation with the official duties.
(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence 1, Eul’s evidence 1, the purport of the whole pleadings
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion that the instant injury and disease occurred due to the fruit and stress in the line of duty, such as performing the duties of the ice rink management, etc., on the Posik Sc, and thus, the instant disposition is unlawful.
B. The “official disease or injury” as prescribed by Article 35 of the Public Officials Pension Act refers to the disease or injury caused by official duty while performing official duty. As such, there should be causation between official duty and disease or injury, and the causal relationship should be attested by the party asserting it.
(See Supreme Court Decision 201Du7335 Decided December 13, 2012, and Supreme Court Decision 90Nu295 Decided May 25, 1990, etc.). It is difficult to presume that there exists a causal relationship immediately with a disease for which the cause of the outbreak and aggravation of modern medical science is not revealed, on the ground that overwork or stress generally may lead to the aggravation of the outbreak of a disease, and that in the process of performing official duties, it was overwork and stressed in the process of performing official duties, and that there was no cause of the outbreak and aggravation of modern medical science.
(대법원 2006. 2. 24. 선고 2003두421 판결, 대법원 1998. 5. 22. 선고 98두4740 판결 등 참조). 갑 제1호증, 을 제1~12호증(가지번호 포함), 이 법원의 아주대학교병원에 대한 진료기록감정촉탁결과에 변론 전체의 취지를 보태어 보면, ① 원고의 이 사건 상병은 뇌동맥류 뇌혈관 일부의 약해진 부분이 꽈리 모양으로 부풀어 오르는...