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(영문) 서울행정법원 2017.11.23 2017구단50150

공무상요양 제외상병 처분 취소

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1. On January 2, 2017, the Plaintiff entered the date of disposition as December 30, 2016, but appears to be a clerical error.

. The plaintiff.

Reasons

1. Details of the disposition;

A. On March 1, 1992, the Plaintiff was ordered as a public official belonging to the Seoul Special Metropolitan City B-gu, and performed the duties of cleaning, various event support, street stores, and persons in charge of the field maintenance of things placed on the road.

B. On January 4, 2016, the Plaintiff obtained approval from the Defendant for medical care in the line of duty as to the salt base and tension of the race of the light.

On December 3, 2015, the Plaintiff filed an application for approval of medical care for occupational duties with respect to the salt ties and tensions of the upper half of the border, and the light signboard disability (C3-4, C4-5, C5-6) accompanied by the nephical ppuri disease. On January 4, 2016, the Defendant granted approval of medical care for occupational duties only with respect to the salt ties and tensions of the upper half of the border around January 4, 2016, and issued a non-approval disposition against the remaining injury. The lawsuit seeking revocation of the non-approval disposition (this Court Decision 2016Gudan1726) was concurrently examined.

C. Around December 21, 2016, the Plaintiff filed an application for additional injury and disease approval with the Defendant on the climatic base and tension, the climatic trend accompanied by the G3-4 disease certificate, and other conical signboard disability (L3-4).

On January 4, 2016, the Defendant approved additional diseases with respect to the salt pans and tensions of the Tulphalian, and issued a disposition not to grant medical care on the ground that it appears that it is difficult to create an climatic signboard disorder by the climatic base with respect to the climatic and other conical signboards (L3-4; hereinafter referred to as the “instant injury”) accompanied by the nephalphal disease, and that there is a change in the climatic nature where proximate causal relation with the official duties is not recognized (hereinafter referred to as the “instant disposition”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2 (including additional number), Eul evidence 1, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion is repeated to work at the office of the head of the Gu, etc. at least six days before every day, to clean the office of the head of the Gu, and to work, such as the event in charge of the Gu’s office, the chair, table, etc. on a shoulder, and to move from underground to five floors above the ground.