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(영문) 서울고등법원 2017.05.19 2016누54932
공무상요양불승인처분취소
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is the same as the reasoning of the judgment of the court of first instance, except for adding a judgment to this court as follows. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Additional determination by this Court

A. The defendant's gist of the defendant's assertion is that the court of first instance determined that the disease of this case was caused by personal factors regardless of official duties, in light of the following: "The plaintiff had a risk factor of the disease of this case, such as chronic high blood pressure, but there was no objective evidence to deem that the disease of this case was caused during a break between the two pages, that the plaintiff's business environment was rapidly changed at the time of the occurrence of the disease of this case, or that the plaintiff was particularly excessive. The plaintiff immediately before the occurrence of the disease of this case was likely to have suffered a heavy burden on his spouse and her children as well as his children, and in particular, it was highly possible that the disease of this case was caused by exposure of the first half of the water supply with the shower using the shower, in view of the fact that the disease of this case was caused by the sudden exposure of the vehicle of this case, which was caused by the first half of the water supply with the shower, and thus, it is reasonable to deem that the disease of this case was caused without any objective evidence."

B. The public official’s disease, which is the requirement for payment of the expenses for public duties under the Public Officials Pension Act, should have a causal relationship between the public official’s disease and the disease, during the performance of official duties. However, even if the main cause of the disease is not directly related to the public official duties, if the disease overlaps with the main cause of the disease, it should be deemed that the causal relationship exists, and the disease caused by excessive work can be ordinarily performed.

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