장해급여부지급처분취소
1. The Defendant’s disposition to pay disability benefits to the Plaintiff on September 2, 2018 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. On February 19, 200, the Plaintiff, a police official of the B police station, was sent to an emergency room with a pain on the chest around 20:0 on February 19, 200, and was under the diagnosis of the “emergency heart color.”
On June 5, 200, the Plaintiff filed an application for medical care with the Defendant on the ground of “emergency heart color” and “high blood pressure” with the Defendant on official duty. On July 10, 2000, the Defendant approved the medical care for “emergency heart color” (hereinafter “instant approved injury and disease”), and issued a non-approval for “high blood pressure.”
B. On February 17, 2016, the Plaintiff continued to serve as a police official and was diagnosed with “mathy illness” on the diagnosis on February 17, 2016, and subsequently retired on December 31, 2017, and on July 12, 2018, caused a disability due to “mathy disease” (hereinafter “the instant application for disability”) and claimed disability benefits to the Defendant.
However, on September 2, 2018, the Defendant rendered a decision that the Plaintiff would not pay disability benefits in accordance with the review opinion of the Public Official Pension Benefit Council (hereinafter “instant disposition”), stating that “The injury and disease caused by the instant application in the course of performing official duties, stress, and the recognition of the injury and disease is deemed to have deteriorated nature after the lapse of time due to the Plaintiff’s physical or genetic factors, etc. rather than the Plaintiff’s treatment (hereinafter “instant disposition”).
C. On November 28, 2018, the Plaintiff appealed to the instant disposition and filed the instant lawsuit.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 7, Eul evidence No. 1 (including provisional numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion led to the decline in the heart function as a result of long-term treatment of the instant injury and disease, and the decline in the heart function led to the decline in the extension function. Ultimately, the extension function becomes rapidly worse due to the continuously prolonged route and stress due to the characteristics of pharmaceutical uniforms and police duties.