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(영문) 서울고등법원 2018.02.07 2017누50692
공무상요양불승인처분취소
Text

1. Revocation of a judgment of the first instance;

2. On September 9, 2016, the Defendant’s disposition of non-approval of medical care granted to the Plaintiff for official duties.

Reasons

1. The court's explanation concerning this part of the disposition is consistent with the reasoning of the judgment of the court of first instance (from No. 2 to No. 316 of the second to No. 16 of the judgment). As such, Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act are cited.

(hereinafter the meaning of the abbreviationd language used in this case is the same as the judgment of the first instance). 2. Whether the disposition of this case is lawful

A. The court's explanation concerning this part of the plaintiff's assertion is identical to the corresponding part of the reasoning of the judgment of the court of first instance (from 3th to 4th 12th eth eth eth eth eth eth eth eth eth eth eth eth eth eth e.

B. The reasons why the court should explain this part of the relevant statutes are the same as the corresponding part of the judgment of the court of first instance (not later than the last day of the 12th to the 13th place), and therefore, they 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.

C. The reasoning for this court’s explanation concerning this part of the facts of recognition is as follows: (a) “ September 28, 2012” of the first instance court No. 5 (2) and “8:45” of the sixth 20 (the sixth 20) as “8:43”; and (b) the corresponding part of the first instance court’s judgment (the fourth 16 to eighth 1) is the same as the corresponding part of the grounds for the first instance court’s judgment (the fourth 16th 8th 1st 8th 1st 8th 1st 8th 1st 1st 1st 2013). Thus, it is cited as it is in accordance with

Judgment

1. The term “official disease”, which is the requirement for the payment of bereaved family’s compensation as prescribed by the Public Officials Pension Act, refers to a disease caused by the official duty during the performance of the official duty. As such, there should be causation between the occurrence of the official duty and the disease, and the causal relationship should be attested

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

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