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(영문) 서울행정법원 2017.06.14 2016구단53886

공무상요양 불승인 통보처분 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. On November 30, 2015, the Plaintiff filed an application with the Defendant for approval of medical treatment for official duties, if the Defendant, while serving as the head of the administrative office at B elementary school, caused a sudden response to the stress on the stress, two copies, alarming, light, and the opening and maintenance of the water surface (influence), shock, fire extinguishing, fluoring, influoring, incing, incing, in detail, an unidentified, inception, stress disorder, severe stress disorder without mental symptoms, inception, incluorium, hump, inception, incluorium, and serious stress reaction with the detailed stress (hereinafter collectively referred to as “the injury of each of the instant case”).

B. On December 23, 2015, the Defendant rendered a disposition not to grant medical care to the Plaintiff on the ground that “the Plaintiff only performed ordinary duties to be performed as the head of the Office of Administration at B of the Elementary School, and it is difficult to view the Plaintiff as particularly excessive. Each of the instant injury and disease is a disease that is caused by symptoms, personal vulnerability, genetic and physical talent, and physical talent, not a sick person, and it is difficult to recognize a causal relationship with the official duty because it is difficult to view it as a disease caused by occupational factors, such as excessive work, stress, etc., on the ground that it is difficult to recognize a causal relationship with the official duty.”

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Whether the instant disposition is lawful

가. 원고 주장의 요지 원고는 B초등학교의 행정실장으로 근무하면서, 돌봄교실 운영방식에 관하여 교장 C의 의견에 협조하지 않는다는 이유로 C로부터 계속하여 모욕을 당하고 부당한 업무지시와 압박을 당하였으며, 학급운영비의 지급방식과 관련하여 전교조와 의견을 달리하여 전교조로부터도 미움을 샀으며, 결국 원고를 표적으로 하는 부당한 전라북도 교육청의 표적성 감사를 받았고, 이러한 부당 감사를 근거로 한 파면처분을 받아 이를...