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(영문) 서울행정법원 2018.02.02 2017구단23226

공무상요양불승인처분취소

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1. On July 26, 2016, the Defendant’s disposition of non-approval of medical care for official duties rendered to the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. From February 3, 2015 to February 3, 2017, the Plaintiff is a police officer who served as the vice president of the Gyeonggi-dong District Police Agency 4 Dong-dong District B (hereinafter “instant sub-committee”).

B. At around 16:30 on May 7, 2016, the Plaintiff, along with the police officers belonging to the 4-dong Police Team, the 41-dong Police Team 41-dong Police Team 41-dong Police Team 3, and the police officers belonging to the 4-dong Police Team 41-dong Police Team 3, was faced with the instant squad at the 4-dong Police Team 16:30 on May 7, 2016, he was suffering from the instant injury and disease (hereinafter “instant injury and disease”).

C. On July 26, 2016, the Plaintiff suffered from the instant injury and disease while filing an application for approval of medical care for official duties with the Defendant on June 2016, the Defendant rendered a disposition of non-approval of medical care for official duties (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff cannot be deemed to have constituted an official duties”.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 9, 11, Eul 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The facts of recognition 1) At the time that the Plaintiff worked as the vice registry of the instant sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub-sub

3) The police officers belonging to the instant sub-committee were the vice-chief of the command and management of the police officers belonging to the instant sub-committee, as long as they did not take leave of absence, etc. for military service and do not leave the military room. 4) The Plaintiff was the vice-chief of the command and management of the police officers belonging to

【Ground of recognition】 Each statement of evidence Nos. 3, 4, 5, 8, 13, and 14, and the result of fact inquiry to the head of the 4th unit of the Seoul Special Police Agency, as a whole, and all pleadings.