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(영문) 서울고등법원 2020.05.15 2019누64091
공무상요양불승인처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons why this court shall state in this judgment are as follows: (a) the admitting the judgment of the court of first instance, i.e., the 7th main 17th e., the 7th e.g., the 7th e., the 17th e., the e., the 7th e., the 17th e., the surrounding area; and (b) the e.g., the e., the Plaintiff

2. Judgment on the plaintiff's assertion

A. The gist of the Plaintiff’s assertion is as follows: (a) fire-fighting activities carried out by the Plaintiff not only have dynamic characteristics, danger, urgency, abnormal nature of the activity environment, and unexpected characteristics; (b) but also are put into a fire site where it is difficult to predict the working environment, and thus, it is difficult to clearly prove harmful factors causing Athyramam. Therefore, it is unreasonable to require the Plaintiff to prove legal and medically the causal relationship between the fire extinguishment work performed for 25 years and the Athyram cancer; (b) the Ethyr131 discarded from Ethram is directly affected by the radioactive material artificially made; and (c) the continuous exposure to the radioactive dose is to produce cancer cells by transforming the genes of the cell.

Therefore, it can be sufficiently recognized that the causal relationship between the Plaintiff and the 119 Safety Center was caused by exposure to the wastes or radiation emitted from the Ewon at the time of the Plaintiff’s work at the F 119 Safety Center.

3) In fact, three of the 20 workers engaged in non-destructive testing at a regional shipbuilding yard was diagnosed as leuk blood disease, and two of them were dead, the radiation was leaked from the non-destructive testing equipment at the ship and shipbuilding yard dispatched by the Plaintiff. Accordingly, the Plaintiff is highly likely to suffer Apamam. (B) Disease in the course of performing public duties is the causal relationship between the disease and the disease that occurred during the performance of official duties by a public official.

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