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(영문) 서울행정법원 2015.04.02 2013구합54083

상이연금 수급자 비해당 처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. From December 30, 201 to December 30, 2011, the Plaintiff was serving as the CFF’s CF, and on March 23, 2012, around 13:15, the Plaintiff was discharged from military service on July 31, 2012, following the Plaintiff’s work room for the Plaintiff’s house to lose consciousness due to “brue expenses due to cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral.” (hereinafter “instant injury”).

B. The Plaintiff filed an application for the payment of a wounded veterans' pension to the Defendant, but the Defendant rendered a decision on November 22, 2012 to the Plaintiff as ineligible for a wounded veterans' pension, following deliberation by the Military Pension and Benefits Council.

(hereinafter “instant disposition”). C.

On March 22, 2013, the Plaintiff filed a request for review with the Military Pension Benefits Review Committee. However, on March 22, 2013, the Plaintiff’s disease was in service.

However, the plaintiff's request for examination was dismissed on the ground that it cannot be deemed that there is a considerable causal relationship between work and the plaintiff's disease.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including each number in the case of additional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff was not only engaged in an excessive work in addition to the ordinary work between three months prior to the occurrence of the injury or disease of this case, but also engaged in an excessive level of work. The injury or disease of this case resulted from such excessive work and from extreme stress. The injury or disease of this case was caused by such excessive work, and the plaintiff had a high blood pressure disease.

Even if the above excessive work and heavy stress are caused by the sudden aggravation of the symptoms of high blood pressure with the Plaintiff’s natural progress, and the disease of this case occurred. Thus, the disease of this case constitutes an occupational disease.

B. It is as stated in the relevant laws and regulations attached thereto.

C. Prior to the recognition of the Plaintiff’s failure to perform duties prior to the occurrence of one outbreak, the ordinary duty of the B Syman’s Syman’s Syman in charge of B from December 30, 201, is the same.