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(영문) 서울행정법원 2016.01.29 2015구단50859
공무상요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On March 30, 2014, while serving as the commander of the National Armed Forces B, the Plaintiff lost consciousness at his own house on Sundays 06:30 on March 30, 2014, and applied for medical care to the Defendant for official duties, following the diagnosis of “the tension with a war and the cerebral cerebral cerebral typhism (in the face of an unidentified)” (hereinafter “the instant injury and disease”).

B. On August 7, 2014, the Defendant denied the proximate causal relation with official duties, on the ground that “the brain tension between the Plaintiff and the Plaintiff occurred due to his physical physical factors, etc., and thus, the instant injury and the Defendant did not approve it by denying the proximate causal relation with his official duties.”

(hereinafter referred to as the "Disposition in this case"). / [Grounds for Recognition] A, A 1, 2, 5 (including virtual numbers; hereinafter the same shall apply), B 1, 2, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was a chronic fruit and stress while serving as the commander of the reserve forces, and in particular, the instant injury and disease was caused and deteriorated while taking up special audits of the Army Headquarters scheduled to take place on April 2014 and his duties are increasing.

Therefore, the instant disposition taken on a different premise is unlawful.

B. On January 198, 1998, the Plaintiff was appointed as the commander of the National Armed Forces BF CF group of the Armed Forces CF group, and served as the FF group and D commander at the time of the issue of this case until the outbreak of the injury.

The plaintiff shall direct two full-time reserve personnel and perform all duties related to the education and training of the reserve forces. Specifically, the duties of the teachers of the reserve forces, the remunerations of trainees, the management of weapons, the development of bills and teaching materials, etc., each week 2 and 3 days shall also go to the training site of the reserve forces.

From April 14, 2014, the audit was planned to be organized by the Army Headquarters at the end of five days, which is conducted every two years.

The plaintiff's overtime work hours shall be October 21, 2013, November 19, 201.

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