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(영문) 서울고등법원 2016.02.18 2014누71063
공무상요양불승인처분취소
Text

1.The judgment of the first instance shall be modified as follows:

On December 5, 2013, the Defendant provided medical treatment for official duties to the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff (E) served as a police officer (class police officer), and as a patrol officer at a police box of the Sungsung Branch Police Station as a police officer.

B. On July 17, 2013, the Plaintiff, while driving a patrol vehicle and conducting the patrol duty, was stopped in the signal signal atmosphere before the crosswalk. On July 17, 2013, the following vehicles driven the Plaintiff’s patrol vehicle (hereinafter “instant accident”).

C. In the instant accident, the Plaintiff asserted that there occurred the symptoms of the escape of the conical signboards No. 5-6 and No. 6-7 of the Presidential Decree, and the “scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopics and tensions” (hereinafter “the instant injury and disease”), and filed an application for medical

On December 5, 2013, the Defendant approved the “satise and tension” of the catum. However, as to the instant injury, the Defendant did not approve the instant injury on the ground that there was no proximate causal relation with the official duties due to satchical diseases (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 6, 7 and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Since the instant injury and disease occurred during the Plaintiff’s alleged performance of official duties caused the occurrence of the instant injury and the rapid aggravation of the existing disease beyond nature, it should be deemed that there is a proximate causal relation between the instant injury and official duties. However, the instant disposition based on a different premise is unlawful.

나. 인정사실 ⑴ 이 사건 사고의 경위 등 ㈎ 원고는 2013. 7. 17. 아침에 피부염 치료를 위해 C피부과의원에 다녀온 후 10:05경 순찰차(쏘나타)를 운전하고 순찰근무를 하던 중 횡단보도 앞에 정차하였는데, 뒤쪽에서 우회전하던 승용차(모하비)가 원고 운전 자동차의 오른쪽 뒷범퍼 부분을 추돌하였다.

As a result, the counterpart car insurance company is KRW 500,000,000 for the repair cost of the plaintiff.

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