공무상요양 불승인 취소청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On August 30, 1997, the Plaintiff was appointed as a police officer and worked at B police station from June 2003, and applied for approval for medical treatment for official duties on June 25, 2013 to the Defendant on July 3, 2014 (hereinafter collectively referred to as “the instant injury and disease”).
On August 8, 2014, the Defendant rendered a disposition not to approve the Plaintiff’s application (hereinafter “instant disposition”) on the ground that the instant injury and disease, regardless of official duties, was caused by external factors, such as the Plaintiff’s physical and mental factors, and thus, the causal relationship with official duties is not recognized.
【Ground of recognition” without any dispute, Gap evidence No. 1, Eul evidence No. 1-1-4, and the purport of the entire pleading as to whether the disposition of this case is legitimate or not, the plaintiff asserted that the disposition of this case was lawful, following the appointment of police officials, caused physical skin and mental stress.
In particular, while the Plaintiff started working in the B police station 112 Overall Situation room, he was under excessive stress due to the main and night shift work performed in a very extreme crisis, which eventually led to the occurrence of the injury and disease in this case.
Even if the Plaintiff had physical factors, the Plaintiff’s performance of official duties should be deemed to have aggravated the instant injury and disease beyond the natural progress.
Therefore, the Defendant’s disposition that did not recognize the proximate causal relation between the Plaintiff’s business branch of this case is unlawful.
Facts of recognition
On August 30, 1997, the Plaintiff started working as a police official at the Incheon Southern Police Station, and from June 2003, the Plaintiff is working at B Police Station from June 2003.
The plaintiff is appointed to March 1, 2002, and until March 1, 2002, 3rd class work (day, night, and secret) as of February 16, 2004, and 12 February 2, 2007.