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(영문) 서울행정법원 2015.11.13 2015구단50217
공무상요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff is a forest park and a local facility assistant in Jeollabuk-do Office, Jeollabuk-do.

On January 16, 2014, the Plaintiff, at around 12:00, smoked from outdoor stairs of the fifth floor in B military service, and appealed for a sudden chest in the fifth floor from the fifth floor of the office after rest, was transferred to the hospital, and was diagnosed as a chest beer for a chest beer (hereinafter “instant injury and disease”).

On March 2014, the Plaintiff applied for approval of medical care for official duties as the instant injury and disease to the Defendant.

On April 7, 2014, the Defendant rendered a disposition not to grant medical treatment for official duties on the ground that there is no proximate causal relation between the main branch of the instant case and the official duties of the Plaintiff.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap’s evidence 1, 4, Eul’s evidence 1, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted that the Plaintiff carried out a long-term duty of emergency work, etc. during the period of 1 week average of 59.5 hours per week during three months prior to the instant injury and had a lot of mental or physical burden.

The plaintiff investigated the forest fire damage area on the day immediately before the outbreak of the injury in this case, and the same department members and drinking were able to drink.

Since the injury or disease of this case has a proximate causal relation with occupational and stress, the disposition of this case must be revoked in an unlawful manner.

B. The “official disease or injury” as prescribed by Article 35 of the Public Officials Pension Act refers to the disease or injury caused by official duty while performing official duty. As such, there should be causation between official duty and disease or injury, and the causal relationship should be attested by the party asserting it.

(see, e.g., Supreme Court Decision 201Du7335, Dec. 13, 2012; Supreme Court Decision 90Nu295, May 25, 1990). Even in cases where work or stress in modern medical science generally may cause the outbreak or aggravation of a disease, the cause of the outbreak or aggravation is related to duties as well as to the private sector.

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