직무상요양승인신청부결처분취소
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal are examined.
Based on the adopted evidence, the lower court recognized the facts as indicated in its reasoning, and found that the overwork and stress caused by the Plaintiff’s excessive work have caused the injury of the instant case.
Since it is difficult to presume that there was a tension between the Plaintiff’s duties and the injury and disease of this case, it was not reasonable to conclude that there was a proximate causal relation between the Plaintiff’s duties and the injury and disease of this case.
Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine on the outbreak of brain diseases caused by overwork and stress and the proximate causal relation thereto, thereby failing to exhaust all necessary deliberations, or exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.