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(영문) 서울행정법원 2018.08.13 2018구단58175
공무상요양불승인처분취소
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. The Plaintiff was appointed as a police officer on September 8, 1990, and from May 2004 to May 17:30, 2004, when he worked as a police officer at the Seoul Coast Guard Zone B located in the Seoul Coast Guard Zone B located in the Seoul Coast Guard Zone, the Plaintiff left the franchising car prepared in advance by abductioning a child of 6 years of age at around 15:00 on May 14, 2004, around the same day in the vicinity of the branch of Gyeonggi-gu, Seoul Special Metropolitan City, and arrested the suspect of personality robbery during flight.

(hereinafter “the arrest of this case”). B.

On November 2016, the Plaintiff asserted that the instant injury or disease was caused by shock with the suspect and body during the process of arresting the Defendant and applied for medical care on official duties, on September 7, 2017, the Plaintiff asserted that the instant injury or disease was caused by shock with the Defendant, and that it was caused by shock in line of duty. In addition, the Plaintiff claimed that the instant injury or disease was caused by shock with the suspect during the process of the instant arrest.

C. On November 1, 2017, the Defendant rendered a decision not to approve medical care for official duties on the ground that there is no proximate causal relation between the branches of the instant case and the official duties of the Plaintiff.

(hereinafter “instant disposition”) D.

On February 8, 2018, the Plaintiff filed a request for review with the Public Official Pension Benefit Review Committee.

[Ground of recognition] without any dispute, entry of Gap's No. 1, 2, 3, 5, and Eul's No. 3 (including a variety number; hereinafter the same shall apply), part of Gap's No. 4, and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. Each of the instant wounds asserted by the Plaintiff constitutes a disease due to official duties, which occurred due to the shock that the Plaintiff sustained while fighting the bodily strength with the suspect during the arrest process of the instant case.

In contrast, the instant disposition is unlawful.

B. Determination 1 on the Public Officials Pension Act and other relevant laws are relevant to official duties.

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