공무상요양불승인처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On September 5, 2007, the Plaintiff was appointed as fire-fighting officers and was in charge of driving of fire-fighting vehicles for the extinguishment of fire and emergency medical service activities in Seobu Fire Fighting Station B in Incheon.
B. On April 21, 2009, the Plaintiff claimed that the injury and disease in the instant case constituted a disease in the line of official duty and applied for the approval of medical care on or around January 27, 2012. However, on or around February 16, 2012, the Defendant rendered a disposition not to approve medical care (hereinafter “the instant disposition”) on the ground that “the Plaintiff appears to have a stimulative disorder rather than a stimulative stress disorder; the Plaintiff was in a relatively short period of service as a fire officer; on the other hand, the stress appears to have a chronic inclination; and considering the family history, it is difficult to view that there was a proximate causal relation between the branches of the instant case and the public service rather than a result arising from a public service duty.”
[Ground of recognition] Facts without dispute, Gap 1, 2, 4 evidence, Eul 1 evidence, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Incheon Western Fire Station B, a plaintiff's assertion, wide area of jurisdiction compared to other work places, and small factories located in the area, so the demand for extinguishing fire and providing first-aid services was considerably higher than that of other work places.
Accordingly, the plaintiff performed his duties with physical and mental burdens due to excessive work.
In addition, cruel and shock fire or accident scene was directly observed, and serious stress was faced, such as fear and fear of collapse or explosion of the building at the fire site.
Therefore, there is a proximate causal link between the occupational branch of this case and the official duties, considering that the injury or disease of this case occurred due to official duties.