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(영문) 서울행정법원 2015.01.16 2013구단9482

공무상요양불승인처분취소

Text

1. On August 24, 2012, the Defendant revoked the Plaintiff’s disposition of non-approval of medical care for official duties.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. After being appointed as a local fire assistant on July 17, 200, the Plaintiff served as a fire assistant belonging to B Si as a fire assistant.

B. On May 15, 2012, the Plaintiff asserted that “each of the instant injury and disease” was diagnosed as “the relevant injury and disease caused by official duties,” and applied to the Defendant on August 3, 2012, on the following grounds: (a) the body part of the instant patient, who was suffering from the death of a patient who was killed and wounded during the first-aid site and transferred the patient to a public interest personnel, etc.; (b) caused the Plaintiff to fire, and (c) caused the pain to the Plaintiff; and (d) he applied for approval of medical treatment for official duties on August 3, 2012.

C. On August 24, 2012, the Defendant rendered the instant disposition to not approve the Plaintiff’s application on the ground that, in light of the Plaintiff’s opinion on the inspection, the Plaintiff’s symptoms were read due to the sediment change, given that it is difficult to deem that there exists a considerable causal relationship with the official duties.

On November 23, 2012, the Plaintiff dissatisfied with the instant disposition, filed a request for reexamination with the Public Official Pension Benefit Review Committee on November 23, 2012, but was dismissed on January 15, 2013.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 and 2, the purport of the whole pleadings

2. On August 5, 2003, the Plaintiff was on board and called to the scene on the part of the first-aid vehicle, and the Plaintiff was diagnosed as the “pappropon mal laf malsium No. 5-Tump 1” and applied for approval of medical care for official duties to the Defendant.

On September 3, 2003, the Defendant rendered a disposition rejecting the approval of medical care on the ground that there was no proximate causal relation with the official duties with respect to the spawn within the spath from among the above soldiers on the application, but the Plaintiff also revoked the approval of medical care for some reasons as the court 2004Guhap20835.