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(영문) 서울행정법원 2015.08.28 2014구단58320

공무상요양 제외상병 심사청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff of the disposition of this case (1960s) is a public official serving in Gwangju Viewing.

On December 14, 2012, at around 08:00, the Plaintiff parked a vehicle in the three-story parking lot of Gwangju Viewing City and went to work as an office, and the head back part was faced with the parking lot floor.

On April 3, 2014, the Plaintiff filed an application for approval of medical care for official duties with respect to the foregoing accident with respect to the Defendant, and on April 3, 2014, the Defendant rendered a decision to approve medical care for official duties as to the base and tension of the second spam’s spam injury (spam) and the front spam (spam). However, the Plaintiff rendered a decision to approve non-approval of medical care for official duties (hereinafter “instant disposition”).

[Reasons for Recognition] Uncontentious Facts, Gap evidence 2, Eul evidence 2, Eul evidence 7, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the injury or disease occurred in the instant case, such as the name of the deceased, etc., due to brain-dead sugar suffered at the time of the said accident, the instant disposition should be revoked as unlawful.

B. The “official disease or injury” as prescribed by Article 35 of the Public Officials Pension Act refers to the disease or injury caused by official duty while performing official duty. As such, there should be causation between official duty and disease or injury, and the causal relationship should be attested by the party asserting it.

(see, e.g., Supreme Court Decisions 201Du7335, Dec. 13, 2012; 90Nu295, May 25, 1990). If this name appears to have occurred due to external wounds, such as brain, etc., e.g., e., e., e., e., e., e., e., e., e., e., e., e.

(2) In light of the above legal principles, the Plaintiff’s request for the evaluation of the medical records to the Korea National University Aambaum Hospital (hereinafter “Korea National University Aambaum Hospital”), and the Plaintiff’s request for the evaluation of the above medical records, and the Plaintiff’s request for the evaluation of the medical records, and the Plaintiff’s request for the evaluation of the medical records were examined.