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(영문) 서울행정법원 2016.08.04 2015구단63596

공무상요양불승인처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff is a person working in Ansan-si Water and Wastewater Works Office B.

On May 6, 2015, around 09:40 on May 6, 2015, the Plaintiff was killed and wounded in the course of the horizontal work of collecting divers from a flood reservoir.

(hereinafter “instant accident”) and on September 3, 2015, the Defendant filed an application for approval of medical care for official duties with the escape certificate of the climatic base and the conical signboard.

On October 15, 2015, the Defendant approved the Plaintiff’s medical treatment for official duties, and decided not to approve the medical treatment for official duties on the ground that it is difficult to recognize a proximate causal relation with the official duties with respect to the escape certificate (L2-3, L3-4, L4-5, L5-S1, hereinafter “the instant injury and disease”).

(hereinafter the above non-approval decision of this case is referred to as the "disposition of this case") . [Grounds for recognition] without dispute, Gap evidence 2-2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The injury and disease of this case alleged by the Plaintiff occurred due to the accident of this case, or the Plaintiff’s movement on March 2, 2007, etc., which imposes a burden on the Hegian for about twenty (20) years, and the existing disease has deteriorated beyond the natural progress. Thus, the disposition of this case is unlawful.

B. The term "official disease" under Article 35 of the Public Officials Pension Act refers to a disease caused by official duty during the performance of official duty, and there is a causal relationship between the official duty and the disease, and the causal relationship must be proved by the party asserting it.

It is difficult to presume that there is a causal relationship immediately exists for a disease where the cause, etc. of the outbreak and aggravation in modern medical science is not revealed, on the grounds that the overwork or stress generally becomes the cause of the aggravation of the disease, and that it was overwork and stressed in the process of performing official duties.

(see, e.g., Supreme Court Decisions 2003Du421, Feb. 24, 2006; 98Du4740, May 22, 1998). This Court is against Aju University Hospital.