공무상요양불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On August 26, 2014, around 10:00 on August 26, 2014, the Plaintiff: (a) saw that the shoulder while performing his duties at the office of the Technology Institute for the Maintenance and Improvement of the Navy (AD) and filed an application for approval of medical care for official duties with the Defendant on the following grounds: (b) it was thought that: (c) there was no power to sell both minor objects to the extent that it is difficult for the Plaintiff to bring them out; and (d) as a result of the medical examination, the Plaintiff was diagnosed as “refisction for the fluence” (hereinafter “instant injury and disease”); and (c) applied for the approval of medical care for official duties.
On February 9, 2015, the Defendant rendered a decision not to approve the said application on the ground that it is difficult to deem that there is a proximate causal relation with the official duties.
(hereinafter “Disposition in this case”). 【No dispute exists, A’s evidence Nos. 2 and 3, and the purport of the entire pleadings
2. Whether the disposition is lawful;
A. While the Plaintiff asserted as noncommissioned officers and civilian employees worked for a long period, the military engine rooms, etc. with severe noise, vibration, dust, oil smell, etc. were placed in the main workplace, and were under serious stress due to the notion of coercion that military vessels should be put into military operations by maintaining them within a limited period of time.
Since the injury or disease of this case occurred due to the above working environment and stress, the disposition of this case 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, e.g., Supreme Court Decision 201Du7335, Dec. 13, 2012; Supreme Court Decision 90Nu295, May 25, 1990). Modern medical science generally involves not only the causes of outbreak and aggravation of a disease, but also the causes of outbreak and aggravation of a disease.