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(영문) 서울행정법원 2015.04.02 2014구단6770
공무상요양추가상병및기간연장불승인처분취소
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. The Plaintiff is a person who works as a police officer at the Port Police Station and voluntarily retires on December 31, 2007.

B. In the process of arresting a stolen suspect who served as a police officer on October 4, 1987, the Plaintiff suffered violence (hereinafter “instant accident”) from the said suspect, and was under medical care for the public duties for a total of 14 days from October 4, 1987 to October 17, 1987 by suffering from ear tags and sacrific fevers.

C. On October 21, 2013 after the voluntary retirement, the Plaintiff asserted that (i) the instant accident occurred after the left-hand wound, (ii) the left-hand wound, and (iii) the application for the additional medical care for each of the foregoing diseases, and applied for the extension of the period of medical care on official duties.

On the other hand, the Defendant recognized the reflects of the left-hand injury as an additional injury and approved the extension of the medical care period. However, the Defendant rendered a disposition of non-approval of the additional medical care for the instant injury on November 4, 2013 as to the instant injury on the ground that the instant injury appears to be the Plaintiff’s chronic disease and that there was no proximate causal relation with the instant accident (hereinafter “instant disposition”).

E. Although the Plaintiff filed an application for reexamination on the instant disposition with the Public Official Pension Benefit Review Committee, the said Committee dismissed the Plaintiff’s application for reexamination on January 22, 2014.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's No. 1, 2, 5, and Eul's No. 1 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Since the Plaintiff’s assertion immediately after the accident of this case, the symptoms and symptoms of the name of the injury of this case continue to exist, the Plaintiff has been continuously treated at several medical institutions for a long time, but has not been completely cured.

Therefore, the injury and disease of this case occurred due to the accident of this case.

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