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(영문) 서울고등법원 2016.08.16 2016누36514
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. Details of the disposition;

A. On March 30, 2014, the Plaintiff was on duty as the commander of the National Armed Forces B, C, Joint and several Reserve Forces (C) commander of the Armed Forces and applied for medical care for official duties to the Defendant after being diagnosed as “the tension tension tension and cerebral cerebral cerebral cerebral typhism in detail (hereinafter “the instant injury”)” (hereinafter “the instant injury”).

B. On August 7, 2014, the Defendant issued a non-approval of medical treatment for official duties (hereinafter “instant disposition”) on the ground that “the instant injury was caused by the Plaintiff’s physical physical factors, etc., and caused the occurrence of a tension with a telegraphic tension,” and thus, there was no proximate causal link between official duties of the instant injury branch and official duties.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, 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. In particular, since the Plaintiff’s duty was aggravated or aggravated due to the homeland defense training conducted for four days from March 24, 2014 and the special audit of the Army Headquarters scheduled in April 2014, the instant injury and disease occurred during which the Plaintiff’s duty was aggravated or aggravated, the instant disposition taken on a different premise is unlawful even if proximate causal relation is recognized between official duties of the instant injury and the instant injury and disease.

B. Fact-finding 1) The Plaintiff was appointed as the commander of the National Armed Forces B Group B of the Armed Forces Finance Group C Group of the Armed Forces on January 1998, and served as the F Ledger and D Ledger at the time of the issue of this case until the disease of this case occurs.

B. The plaintiff directs two full-time reserve personnel and performs all duties related to the education and training of the reserve forces. Specifically, the officer duties of the reserve forces, training personnel, maintenance of training sites, management of weapons, development of bills and teaching materials, etc., each week 2 and 3 days shall go to the training place for the reserve forces.

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