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(영문) 서울행정법원 2018.10.25 2018구단59321
요양불승인처분취소
Text

1. The Defendant’s disposition of refusal to grant medical care to the Plaintiff on July 27, 2017 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff, a public official of the Ministry of Government Administration and Home Affairs, who was performing on-site counseling duties at the Support Planning Team for the National Transition of the Ministry of Government Administration and Home Affairs, suspended his/her duties on June 20, 2017, and discontinued his/her duties at around 18:00, and was sent back to a hospital by the 119 emergency squad, and was diagnosed as “other cerebral Bribery” (hereinafter “the instant injury”). After having been diagnosed as “the instant injury and disease”), the Plaintiff applied for approval of medical care for official duties.

B. On July 27, 2017, the Defendant issued a notice of non-approval of medical care for official duties (hereinafter “instant disposition”) to the Plaintiff on the ground that “it is difficult to see that the Plaintiff’s disease was the result of the Plaintiff’s performance of duties, considering the medical characteristics of the disease, and it is difficult to see that the Plaintiff’s daily and excessive work beyond the ordinary scope was continued and concentrated.” In full view of the fact that the Plaintiff’s disease is deemed to have caused the current disease as a combination of physical and mental factors, and it is difficult to see that the Plaintiff’s disease is deemed to have a considerable causal relationship with the occupational duties and the occupational duties.”

C. The Plaintiff filed a request for review with the Public Official Pension Benefit Review Committee, but was dismissed by the Public Official Pension Benefit Review Committee.

[Ground of recognition] Evidence Nos. 1, 2, Eul's Evidence No. 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion not only caused unexpected cases in the course of performing official duties, but also caused physical and mental problems due to a sudden change in the business environment and a considerable amount of occupational burden in the short period, and the Plaintiff’s refusal of causation between the Plaintiff’s official duties and the instant injury and disease.

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