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(영문) 서울행정법원 2020.12.09 2018구단65654
공무상요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 29, 2017, the Plaintiff (B male) was a civilian military employee of the Army Command affiliated with the Army Headquarters, who works for a tramway repair unit as a civilian military employee, and on December 29, 2017, the Plaintiff (B male) was in conflict with the Poter cargo vehicle that was left left at the right angle in order to work as a unit of the Twit-distance Intersection in front of the Sincheon-si, Seocheon-si (hereinafter “instant accident”).

② At around February 2018, the Plaintiff submitted an application for approval of medical care for the injury and disease caused by the instant accident to the head of the Military Finance Management Committee, the head of the National Pension Handling Agency. On April 2, 2018, the Defendant, following deliberation by the Public Official Pension Benefit Deliberation Committee, approved the medical care for the “malinical base,” and “malinal base and tension” on official duties, and rendered a decision not to approve the medical care for the injury and disease caused by the instant accident on the ground that “the causal relationship with the official duties exists” (hereinafter “the injury and disease in this case”).

(2) The reasoning of the judgment below as to the non-approval of medical care for the injury and disease of this case as to the injury and disease of this case is as follows: (a) there is no dispute as to whether the injury and disease of this case was approved due to official duties; (b) evidence Nos. 1, 3, and 4, and evidence

2. The plaintiff asserted that the plaintiff was appointed as a civilian military employee on July 1, 2005 and was frequently engaged in the duty of carrying parts of the repairs and accompanying the mobilization and repair on the mobile maintenance vehicle, and was engaged in the duty of loading heavy objects. Even before the accident of this case, even before the accident of this case, there were considerable changes in comparison with the previous records of the accident of this case, such as the fact that there was no pain certificate, but after the accident of this case, there was continuous and severe changes in comparison with the previous records of the accident of this case.

Therefore, since the injury and disease of this case occurred due to the accident of this case, the disposition of this case which approved medical care for the injury and disease of this case on official duty is unlawful.

3. The annexed Form of the relevant legislation is as follows.

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