logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2017.09.21 2017두47878
공무상요양불승인처분취소
Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined.

1. The term “official disease”, which is the requirement for payment of expenses incurred in performing public duties as prescribed by Article 35(1) of the Public Officials Pension Act, refers to a disease caused by official duties during the performance of official duties, and there is a causal relationship between the official duty and the disease, and the causal relationship must be attested by the party asserting

However, the causal relationship is not necessarily required to be proved clearly in medical and natural science, and if there is a proximate causal relationship from a normative point of view, there should be proof.

Where a public official asserts to have contracted a disease due to long-term exposure to harmful substances in relation to the performance of his/her official duties, the court shall establish proof if there is a proximate causal relationship between the official duties and the disease, considering all the circumstances, such as the health condition at the time of being employed as a public official, the cause of the disease, whether there was any material causing the disease at the workplace, whether there was any material causing the outbreak, whether there are working hours at the workplace with the material causing the outbreak, and whether there are any

(See Supreme Court Decisions 94Nu6819 delivered on September 13, 1994, 2003Du12530 delivered on April 9, 2004, etc.). 2. A.

The judgment below

According to the reasoning and evidence duly admitted by the court below, the following facts are revealed.

(1) On April 1, 197, the Plaintiff was appointed as a local fire fighter in Daegu-si, and served as a fire fighter until September 30, 2014.

On September 20, 2003, the Plaintiff, from the time of appointment to the time of promotion to the Local Fire Captain, was mainly dispatched to the fire site and performed the guard duty to extinguish the fire.

(2) When fire officers perform their fire-fighting duties, they are exposed to harmful substances occurring at the scene of a fire for a long time.

The representative of harmful substances that occur at the time of fire is the carbon oxide, the carbon oxide, and the hydrogen to be sediment.

arrow