1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On September 4, 2017, the Plaintiff served as a police officer belonging to the B police station, and was diagnosed by C Hospital with “hump leuk-sule leuk-sulmal disease” (hereinafter “the instant injury and disease”), and thereafter filed an application for approval of medical treatment for the instant injury and disease on official duty with the Defendant.

B. However, on January 16, 2018, the Defendant rendered a decision not to approve the Plaintiff’s application for approval of medical care for official duties (hereinafter “instant disposition”) on the ground that it is difficult to recognize the proximate causal relation with the Plaintiff’s official duties with the instant branch of the Trade Union and the Plaintiff performed (hereinafter “instant disposition”).

C. Accordingly, the Plaintiff filed a request to review the instant disposition with the Public Official Pension Benefit Review Committee, but the request for review was dismissed on September 11, 2018.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1-1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that, as a police official, the disease of this case was caused as a result of decline in immunity due to overwork and stress while performing his duties, and there was no special genetic person who could cause the disease of this case or any other cause attributable to the Plaintiff, and thus, there is a proximate causal relationship between the outbreak of the disease of this case and the Plaintiff’s performance of duties.

Therefore, the defendant's disposition of this case, which was made on different premise, should be revoked as it is unlawful.

B. Determination 1) As such, “a disease or injury caused by official duty” under Article 35(1) of the former Public Officials Pension Act (wholly amended by Act No. 15523, Mar. 20, 2018) refers to a disease or injury caused by official duty during the performance of official duty, there should be proximate causal relation between official duty and disease and injury, and such proximate causal relation should be proved by the assertion (see, e.g., Supreme Court Decision 2017Du4788, Sept. 21, 2017).