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(영문) 서울고등법원 2019.11.13 2019누45137
공무상요양불승인처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons why the court accepted the judgment of the court of first instance are the same as the reasons stated in the judgment of the court of first instance. Thus, the reasons are cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[In full view of the circumstances as indicated in its holding, it is reasonable to view that the injury of the instant case was caused by the sudden aggravation of the Plaintiff’s high blood pressure, which is the Plaintiff’s existing disease, due to the accumulation of overtime work, frequent business trips, etc., excessive work, or omission of promotion, etc., and caused the injury of the instant disease. Therefore, proximate causal relation is recognized between the occupational branch of the instant case and the Plaintiff’s performance of duties.

The plaintiff's claim was accepted based on the judgment of the court of first instance. The defendant basically repeats the same argument in the court of first instance. Thus, even if the defendant considered some complementary arguments and the evidence submitted by the defendant and examined them closely by comparing them with the records, the judgment of the court of first instance is still justified.)

2. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed.

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