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(영문) 서울고등법원 2016.04.19 2015누50438

공무상요양불승인처분취소

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning for the court’s explanation on this part is that “A 3, 5, 1, and 2” in the second 12th tier of the judgment of the first instance is as follows: “A 1, 2, 2, 3, 5, Nos. 1, 2, 2, 10, and 11 are the same as the part of the judgment of the first instance, except for the following: “A 1, 2, 3, 5, Nos. 1, 10, and 11, and the purport of the entire pleadings”; thus, the reasoning for the court’s explanation is as follows: (a) Article 8(2) of the Administrative Litigation Act and the main sentence of

2. The Plaintiff’s assertion is a job that causes multiple civil petitions. At the time of the occurrence of the instant injury, the Plaintiff performed the work added to the previous work and the administrative litigation-related work irrelevant to the Plaintiff’s major, and thereby, the instant injury or disease caused by heavy overwork and stress.

Therefore, the instant disposition taken on a different premise should be revoked as it is unlawful.

3. Whether the instant disposition is lawful

A. (1) On February 27, 2012, the Plaintiff: (a) transferred the Plaintiff’s work to the urban traffic of the office of Jung-gu Seoul Metropolitan City, Daegu-gu, to take charge of the maintenance of unregistered automobiles; (b) the alteration of the structure of automobiles; (c) the motor vehicle management business; (d) the trucking transport business (general, individual, and month); and (e) the penalty surcharge; and (e) the collection of administrative fine. From February 2013, the Plaintiff additionally took charge of the following tasks: (a) the Plaintiff’s work and the details of the Plaintiff’s work; (a) the Plaintiff’s work and the support for installation of the digital

(B) In addition, from May 11, 2013 to February 2, 2013, it was organized and supervised by the Namdong-dong Motor Vehicle Aggregate Merchants' Association and the Maternatization Organizing Committee in Daegu-gu, Daegu-gu, Seoul-gu, and the Daegu-gu Matern was supported by the head of Jung-gu, Jung-gu, Seoul-gu. At the request of the Inter-gu Office, etc., the Plaintiff from the end of March 2013 in addition to the existing duties.