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(영문) 서울행정법원 2016.04.29 2014구단57839
공무상요양일부불승인처분취소
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. On May 23, 2014, the Plaintiff, as a fire-fighting officer, called to the scene of a fire-fighting site at a reduction and exemption environmental resin factory in 11:40 on the 11:5.23., and was performing fire-fighting work, part of the fire-fighting units of the Do, which was filled with the sandbrid Panel, became shot and brupted by the panel, thereby entering the panel.

(hereinafter referred to as the instant accident) is alleged, and the Defendant was diagnosed as “the 5th century and the tensions and other specified conical signboards (Thin - 1,00)” and applied for the approval of medical treatment for official duties.

B. The Defendant approved the medical care for the trokes and tensions of the Johnsan for official duties, and the Defendant rendered a disposition of non-approval on the trokes of other specified memorial signboards (the 5th century-1,000 square meters) (hereinafter the instant injury and disease) by viewing that it is a change in the eromatic nature irrelevant to official duties.

(hereinafter referred to as the above disposition in this case). [Grounds for recognition] A without dispute, Gap 3, Eul 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff asserted in 201 that the Plaintiff filed an application for approval of medical care for ex officio duties with respect to the protruding disc in 201, and was not approved. The instant injury and disease were relatively young, the Plaintiff’s age is serving as an emergency medical service worker after being appointed as a fire-fighting officer, and the number of times of dispatch was high, and the change of the ex post facto change in the surrounding part is not observed, taking into account the following factors: (a) the instant injury and disease of this case may be deemed to be caused by sudden trauma; and (b) the Plaintiff’s disease and disease of this case was affected by the Plaintiff’s long-term performance of official duties, resulting in the instant accident that occurred on May 23, 2014.

Therefore, the disposition of this case which rejected the Plaintiff’s application for approval of medical care for official duties is unlawful.

B. On March 28, 2003, the Plaintiff’s business records from March 28, 2003 to January 14, 2010.

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