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(영문) 서울행정법원 2014.08.28 2013구단54499

공무상요양불승인처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On April 8, 2013, the Plaintiff served as a public official in charge of B at the facility management office of Gangwon-gun Yangyang-gun, and was subject to a traffic accident that is followed by another vehicle while stopping in the course of performing his/her duties (hereinafter “instant accident”). Thereafter, the Plaintiff was diagnosed as “the brain dynasium, hume and tensions, and vertebrate No. 5-Wol 1 invertebrate.”

B. On May 4, 2013, the Plaintiff alleged that the above injury was an injury on official duty and filed an application for approval of medical care. However, on July 4, 2013, the Defendant, upon the Plaintiff’s request, issued a non-approval disposition on medical care for official duty (hereinafter “instant disposition”) on the ground that there is no causal relationship with the official duty with respect to “the brain-dead, the salvinal salt and the tension” among the injury and disease requested by the Plaintiff.

C. The Plaintiff dissatisfied with the instant disposition and filed a request for review on July 18, 2013, but the Public Official Pension Benefit Review Committee dismissed the request for review on the ground that, around September 16, 2013, the Plaintiff did not seem to have any external shockion to the extent that the instant injury was caused by the instant injury and disease, and that the Plaintiff’s symptoms are deemed to have arisen from the change of happiness as a result of the MRI personnel dosimeter reading, based on medical opinions, it is difficult to view that the instant injury and disease were caused or aggravated in connection with the instant accident and thus, there is a proximate causal relation with the official duty.

[Reasons for Recognition] Facts without dispute, entry of Gap 4, 6 through 9, 12, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion did not have the details of treatment of the instant injury and disease before the instant accident occurred.

The plaintiff has been making a lot of efforts to cover heavy equipment for his/her work, and such work was a burden on the part of the plaintiff's spine.

This case.