logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.11.11 2020누42127
공무상요양불승인처분취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following contents after the second two pages of the judgment of the court of first instance, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

[Additional Part] It is difficult to see that there is a causal relationship immediately on the ground that the overwork or stress generally becomes the cause of the outbreak of a disease, and that he/she was overwork and undergoes stress in the course of performing his/her duties.

However, in light of the Plaintiff’s workload, work hours, and the specific contents of the Plaintiff’s work, it can be confirmed that there was an excessive and high stress to the extent that the Plaintiff could cause the injury or disease of this case in the course of performing his duties.

① From six months prior to the outbreak of the instant injury, the Plaintiff worked for 57 hours each month less, 86 hours much, and 7 days less on holidays, and 12 days more on holidays.

② The duty of security, such as the management of assemblies and demonstrations, the duties of security, such as President and Major Koreans, etc., related to the Pyeongtaek Olympic Games, and the duty of security, etc. related to the normal summits between the two Koreas, may be deemed as the duty involving high-level stress.

③ Considering the Plaintiff’s duty details prior to the occurrence of the instant injury, as well as the Plaintiff’s performance of assembly management and guard duty, the Plaintiff seems to have been overwork or stressed in the course of performing his duty, rather than overwork or stress, and continuously experienced high stress during that process.

A. The instant injury and disease was not clearly identified the causes of modern medical science.

(b).

arrow