logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 1975. 10. 7. 선고 75누148 판결
[행정처분취소][집23(3)행,7;공1975.11.1.(523),8663]
Main Issues

The meaning of an accident due to the necessity of medical care for official duties

Summary of Judgment

A public official accident that meets the requirements for medical care for official duties refers to a disaster that occurs during the performance of his/her duties, which requires a causal relationship between the public official and the accident, and even if the main cause of the disaster is not a direct relationship with the public official, the disease caused or aggravated due to the overlap with the main cause of the disease caused by his/her duties even if the main cause of the accident is not a direct relationship with the public official. Moreover, the disease caused by the excess includes a basic disease and an existing disease that are not to make it impossible to work normally at normal times, in particular, even if there is a basic disease and an existing disease, which are beyond the degree of the natural aggravation of the disease.

Plaintiff-Appellee

Kim So-be

Defendant-Appellant

The Minister of Government Administration shall have jurisdiction over the litigation performers, leathers, sub-lime

original decision

Seoul High Court Decision 74Gu365 delivered on June 10, 1975

Text

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

Reasons

Judgment on the grounds of appeal by the defendant performer.

The judgment of the court below is just in accordance with the purport of the judgment of the party member's remanding the case where a public official's occupational accident meets the requirements for medical care for official duties refers to an accident that occurs during the performance of official duties. Therefore, there should be causation between official duties and accident. Even if the main cause of the accident is not directly related to official duties, it constitutes a disease that overlaps with the main cause of the disease, and which is caused or aggravated due to excessive work, and even if there are basic diseases and existing diseases that do not make it impossible for the plaintiff to work normally, the disease caused by excessive work should be included in the case where the rapid aggravation of the disease is beyond the degree of natural deterioration caused by excessive work, and there is no error in the judgment of the court below as to the requirements for medical care for official duties such as the theory of the judgment of the party member's remand, and there is no error of law by misunderstanding the judgment of the plaintiff's 10th day after the plaintiff's 2nd day after the second day of the oral hearing in comparison with the records of this case.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Cho Young-young (Presiding Justice)

arrow