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(영문) 서울고등법원 2019.11.22 2019누37433
장해급여부지급처분취소
Text

1. Revocation of the first instance judgment.

2. On January 2, 2017, the Defendant rendered a disposition to pay disability benefits to the Plaintiff.

Reasons

1. Details of the disposition;

A. On January 17, 2003, the Plaintiff, a police officer, had been on duty at the Samyang Police Station B police box, and had been on suspicion of obstruction of performance of official duties, etc. (hereinafter “instant accident”), and there was an occurrence of the Plaintiff’s flap escape certificate between No. 4-5 and the epic inculation No. 5 and the epic inculation.”

On August 7, 2003, the Plaintiff filed an application for medical care for them, and the Defendant approved the medical care for official duties as to the "protruding escape certificate Nos. 4-5 of the Meetical Year No. 4-5 (hereinafter "the instant approved injury and disease").

B. On August 2, 2016, the Plaintiff retired from office, and claimed disability benefits to the Defendant on August 2, 2016 (hereinafter “instant applicant injury and disease”).

However, on January 2, 2017, the Defendant rendered a decision not to pay disability benefits to the Plaintiff (hereinafter “instant disposition”).

C. After that, the Plaintiff filed a request for review of the instant disposition with the Public Official Pension Benefit Review Committee on February 20, 2017, but the request for review was dismissed on April 11, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3, 4, Gap evidence 5-1, 2, Gap evidence 6-2, 3, and Gap evidence 8-2, the purport of the whole arguments and arguments

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff’s “explosive disc infections and instabilitys between No. 5-O. 1 of the도요” occurred on April 24, 2003 due to the instant accident, at least the Plaintiff incurred with the instant recognition branch due to the instant accident.

On December 2002 and January 2003, the plaintiff spreads sand, soil, etc. to the road that was ice-sprinked by the storm.

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