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(영문) 서울행정법원 2018.12.12 2018구단61539
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. From July 1, 2016, the Plaintiff is a person who served as an emergency safety personnel belonging to the Asan Fire Station 119 Safety Center affiliated with the Asan Fire Station.

B. On August 23, 2016, around 17:00, while the Plaintiff was transferred to the Asan-si Hospital located in B (hereinafter “D hospital”), the Plaintiff was subject to an accident where the proprietor was killed on the left-hand side, etc. from the owner in the ambulances (hereinafter “instant accident”).

On November 8, 2016, the Plaintiff received approval for medical care for an existing injury or disease (from August 23, 2016 to November 7, 2016) from the Defendant due to the instant accident (hereinafter “existing injury or disease”).

C. On November 29, 2017, the Plaintiff filed an application with the Defendant for the additional medical care for official duties and the extension of the period (from November 8, 2016 to November 30, 2017) on the ground that the warning signboard disability (from around 4-5-6 to around 5-6) occurred due to the instant accident (hereinafter “instant additional injury”).

On December 19, 2017, the Defendant issued a disposition of additional medical care and non-approval of extension of the period for performing official duties (hereinafter “instant disposition”) against the Plaintiff on the ground that “the instant additional injury and disease appears to be a bruptal path, and cannot be deemed as a direct and principal cause of the existing injury and disease.”

E. On January 15, 2018, the Plaintiff filed a request for review with the Public Official Pension Benefit Review Committee on January 15, 2018, but was dismissed on February 8, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 11, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion is that the instant additional injury or disease was caused by the instant accident or that the existing injury or disease was directly and mainly caused (or, because the chilled salt and tension of the trend that occurred due to the instant accident).

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