beta
(영문) 서울행정법원 2017.11.24 2017구단61488

공무상요양불승인 취소

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. The Plaintiff is a teacher who works for B elementary schools affiliated with the Support Office of Education (hereinafter “instant school”).

B. On June 15, 2016, at around 15:50, the Plaintiff gymnasium in the instant school gymnasium, she slicked a pain on the right shoulder, while she joined the instant school gymnasium and received medical treatment from C Hospital from June 17, 2016, and she was under the final diagnosis of the right shoulder gymnasium gymnasium (hereinafter “instant injury and disease”).

C. On June 15, 2016, the Plaintiff is affiliated with the Plaintiff at the instant school.

The Defendant filed an application for medical care with the Defendant while suffering from the instant injury and disease, and on January 10, 2017, the instant injury and disease was identical to that of the Plaintiff.

On the ground that it is difficult to deem that the Plaintiff’s above application for medical care was rejected (hereinafter “instant disposition”). D.

On the ground of the instant disposition, the Plaintiff filed a request for review with the Public Official Pension Benefit Review Committee, but was dismissed.

On the other hand, the plaintiff did not accept the plaintiff's request for examination that "the plaintiff was responsible for a job that incurs a physical burden, such as shoulder while he/she serves as a teacher, and the injury or disease of this case was caused thereby."

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 3, 47 through 52, and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. Since the Plaintiff’s assertion was first issued as an elementary school teacher in September 1989, the Plaintiff has been in charge of a physical burden, such as shoulder, etc., and accordingly, the injury or disease in this case occurred.

Therefore, since there is a proximate causal relationship between the occurrence of the instant injury and the Plaintiff’s work, the instant disposition issued on a different premise should be revoked as it is unlawful.

(b) Entry in the attached Form of relevant statutes;

(c) judgment;