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(영문) 서울행정법원 2016.08.18 2015구단63299
공무상요양불승인처분의 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 April 13, 2015, the Plaintiff, as an assistant principal of B elementary school at the Office of Education, Gangwon-do Office of Education, was used as an cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Organisms (the next injury disease) while providing education related to the payment of the performance bonus to the public educational official in the future-type science class at B elementary school, and applied for medical care for official duties to the Defendant.

B. On June 27, 2015, the Defendant rendered a disposition not to grant medical care (the next disposition) on the ground that it is not deemed that there was a proximate causal relation with the official duties because the brain was based upon the blood bank and caused high blood pressure not adjusted due to the disease damaged by the brain, and the details of the Plaintiff’s duties were not considered to have exceeded ordinary duties even if the Plaintiff’s duties were to be performed, and thus, the Defendant did not grant medical care (the next disposition).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The plaintiff asserted as an assistant principal of B elementary school is responsible for the management of school affairs, life guidance, and personnel affairs. In particular, during one year prior to the occurrence of the instant accident, the plaintiff participated in various school events as well as training, such as school attendance and management of fixed-term teachers, the chairperson of the autonomous committee on countermeasures against school violence, the assignment of teachers' duties, and the payment of individual performance bonus. The plaintiff's official duties are deemed to have caused the instant injury and disease.

Nevertheless, the instant disposition taken on a different premise is unlawful.

B. (1) The Plaintiff’s business details (A) was C and was appointed as an assistant principal of B elementary school on March 1, 2014 as a teacher from 1987 to 28 years.

(B) The Plaintiff is an individual who had worked five times a week from 09:00 to 17:00, and is expressed in Gap evidence 11 from 12 weeks before the outbreak of the instant injury to the date of the outbreak of the instant injury.

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