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(영문) 서울행정법원 2016.01.08 2015구단342
장해등급결정처분취소
Text

1. On October 1, 2014, the Defendant’s disposition of disability pension against the Plaintiff is revoked by gross negligence.

2...

Reasons

1. Details of the disposition;

A. On May 4, 2003, the Plaintiff, who had worked as an operation and management officer of the water supply facility B drainage area in Ansan-si, completed the patrol and confirmation of the discharge area around the drainage area on May 4, 2003, and completed the shower to inflict an invasion on the official residence, and then lost his consciousness in the ward. The Plaintiff was diagnosed as “the blood from the brain-resistant cerebral hemosis” (hereinafter “the instant wound”), and obtained the Defendant’s approval for medical treatment for official duties from May 4, 2003 to February 8, 2006.

B. On June 30, 2014, the Plaintiff filed a claim for disability pension against the Defendant on his voluntary retirement, and the Defendant determined the Plaintiff’s disability grade 5 on October 1, 2014 as the cause of the outbreak of the instant injury, not only diseases such as chronism and high blood pressure, congenital cerebral cerebrovascular, abnormal chronism, and chronology, but also diseases such as overwork, stress, drinking, smoking, etc., and it is known that the Plaintiff may have aggravated and aggravated. As a result of the health examination conducted in 202, the Plaintiff measured high blood pressure with blood pressure in the past, and blood pressure was measured with 200/10mH, and the Defendant confirmed that the Plaintiff’s disability grade was suspected, without undergoing any separate medical treatment, by applying Article 13 subparag. 2 of the Enforcement Decree of the Public Officials Pension Act’s gross negligence to be paid for less than one year from 1 to 109/310 of the instant injury (the Enforcement Decree of the Public Officials Pension Act’s gross negligence).

[Ground of recognition] Facts without dispute, Gap evidence No. 1-2, Eul evidence No. 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion (1) As to the determination of disability grade, the current status of the Plaintiff is almost impossible to lead a daily life without any other person’s aid, and in particular, it is entirely impossible to use the left-hand side of the body.

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