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(영문) 서울행정법원 2018.05.09 2017구단4416
공무상요양불승인처분취소
Text

1. On May 30, 2016, the Defendant’s disposition of non-approval of medical care for official duties rendered to the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff was a public official who served in B (hereinafter “B”) from April 9, 2015.

On March 21, 2016, the Plaintiff filed an application for sick leave while serving in P.M. on March 21, 2016 and caused the heart suspension while returning to Korea using a motor vehicle at around 16:07 on the same day, and was transferred to the C Hospital (hereinafter referred to as the “C Hospital”) emergency room by the 119 Emergency Squads.

B. On April 21, 2016, the Plaintiff was diagnosed as “the head of the heart, the heart, and the Dong (hereinafter “the injury and disease of this case”) successful in the human body” at C Hospital and filed an application for approval of medical treatment for official duties with the Defendant by asserting that there was a proximate causal relation between the branch of this case and the official duties performed by the Plaintiff.

C. On May 30, 2016, the Defendant rendered a disposition of non-approval of medical care for official duties (hereinafter “instant disposition”) rejecting the said application on the ground that “the proximate causal relation between the instant branch and the official duties is difficult to be recognized” (hereinafter “instant disposition”).

On August 23, 2016, the Plaintiff filed a petition for retrial on the instant disposition with the Public Official Pension Benefit Review Committee, but was dismissed on November 9, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 12, 27, 28, 34 (including branch numbers, if any) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. 1) The Plaintiff’s assertion 1) was accumulated as a business division and under excessive stress at the institution B, which was in service at the time of the occurrence of the instant injury, and as a result, there was a proximate causal relation between the Plaintiff’s official duties and the instant injury and the instant injury and disease. Therefore, the instant disposition taken on a different premise is unlawful. (2) The Defendant’s Plaintiff promoted a serious stop by promoting the instant injury and the instant injury and disease due to the high-speed caused by avian influenza infection under the condition of Brugaa Syroe.

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