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(영문) 서울행정법원 2017.08.18 2016구합9725
상이연금지급 거부처분 취소
Text

1. The Defendant’s refusal to pay pension for wounds against the Plaintiff on September 22, 2016 is revoked.

2. The costs of lawsuit shall be.

Reasons

Details of the disposition

On March 28, 2005, the Plaintiff was in the Army so-called, and from June 26, 2009 to June 26, 2009, served as the head of the electronic data processing division in the 55th Army Team B, and was diagnosed on January 2010 (hereinafter “instant disease”), and was discharged from military service on April 30, 201.

On April 13, 2016, the Plaintiff asserted that the instant disease constituted an occupational disease, and filed a claim for a wounded veterans’ pension with the Defendant. However, on September 22, 2016, the Defendant notified the Defendant of the result of deliberation that payment is not possible on the ground that there is no medical proximate causal relation between the instant disease and the official duty, on the ground that

(2) The Plaintiff, as the head of the computer division, suffered from the instant disease due to occupational malpractice, stress, exposure to harmful substances, etc. while performing his/her duties as the head of the computer division, and subsequently, the instant disease was rapidly aggravated at a natural speed above the designated level due to continuous training and performance of his/her duties, and thus, the instant disease constitutes a disease due to official duties.

It shall be as shown in the attached Form of the relevant statutes.

In fact, on January 18, 2010, the Plaintiff was diagnosed with the disease in this case at the C Port overseas and D Hospital located in Permitted City on January 23, 2010 and January 29, 2010.

The Plaintiff received medical treatment from around that time while taking medicine, but symptoms were not shown, and was hospitalized at the National Armed Forces Water Service Hospital from March 8, 2010 to May 7, 2010, and discharged from the hospital because symptoms were somewhat improved.

After that, from July 2010 to July 30, 2010, the symptoms have deteriorated, being treated at a private hospital, but not re-patientd in the National Armed Forces Water Service Hospital from January 24, 201 to April 30, 201.

On February 9, 2011, the Plaintiff is a major review committee.

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