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(영문) 서울고등법원 2016.12.28 2016누45945

공무상요양불승인처분취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or addition of part of the judgment of the court of first instance as stated in the following Paragraph 2. Thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. In the second part of the second part, “the Plaintiff” shall add “from July 2014,” “from work”, “work” shall be read as “worked,” and the second part of the second part shall add “absent and serious attendance certificate” (hereinafter “instant injury and disease”) following the seventh part.

The statement "number of days" on April 201 of 2014, 2014 among the third table shall be raised from "3 days" to "one day".

Pursuant to the 5th Schedule, “(based on recognition)” is added to the facts without dispute between conduct 5 and 6 under Gap, Gap, 9, 12 through 15, 17, 18, 25, 31 through 33, and Eul’s entries and the purport of the whole pleadings.

Part 14 to 7 pages 13 below the 5th Schedule are as follows.

In full view of the following circumstances, “(2) the health stand, the facts acknowledged earlier, and the evidence as above, and the evidence Nos. 23, 27, 28, 100 through 111 as to the instant case, and the overall purport of the arguments entrusted by the Seoul Medical Center of the first instance court to the Seoul Medical Center of the Seoul Medical Center of the Seoul Medical Center of the Seoul Medical Center as alleged by the Plaintiff, the injury or disease was caused by over-the-counter or stress experienced by the Plaintiff in the course of performing his/her duties, even considering the following factors: (a) whether the Plaintiff was an over-the-counter job as alleged by the Plaintiff; and (b) whether the Plaintiff was an over-the-counter job;

It is insufficient to readily conclude that the degree of excess or stress caused the instant injury and disease by rapidly aggravated the blood certificate, which is an existing disease, beyond the nature of the nature, to the extent that the disease was caused, and otherwise, evidence to acknowledge it.