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(영문) 서울행정법원 2016.01.29 2014구단53158

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. The Plaintiff, a police official belonging to the police officer of the Seoul Regional Police Agency and the B police station of the Gyeonggi-do Police Agency, was diagnosed as cerebral chron nuclear fuel (hereinafter “the instant injury and disease”), and repeated leave of absence on October 7, 2013, as a police official belonging to the Seoul Regional Police Agency and the Seoul Regional Police Agency, and applied for approval of medical care for official duties to the Defendant on October 7, 2013, because there is symptoms that the paralysis and horses are divided at his home around October 28, 2010.

B. On November 19, 2013, the Defendant rendered a disposition of non-approval of medical care for official duties (hereinafter “instant disposition”) against the Plaintiff on the ground that “In light of his medical characteristics and causes of outbreak, it is difficult to regard the instant injury and disease as a result of performing his/her duties, and it is difficult to view that there was an excessive work beyond the ordinary and ordinary scope even if the Plaintiff’s work content is viewed as having been carried out. In full view of the following, the Plaintiff’s high blood pressure, urology, urology, geological blood and drinking, and the Plaintiff’s symptoms of smoking have been confirmed.”

C. The Plaintiff appealed and filed a request for review with the Public Official Pension Benefit Review Committee, but was dismissed on March 12, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 7, 13 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. On February 6, 2010, the Plaintiff asserted that the traffic safety department moved from the traffic safety department to the security room for security operations, experienced a sudden change in the business environment, had been engaged in overtime work from time to time due to excessive work, and had been engaged in night shift work with a long time of water surface time.

In particular, it has not been easy from October 20, 201 to the 26th day of the same month before the outbreak.