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(영문) 서울행정법원 2016.09.23 2016구단6637
공무상요양불승인처분취소
Text

1. The Defendant’s disposition of non-approval of medical care for official duties rendered on August 24, 2015 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On July 1, 2015, the Plaintiff is a public official of Grade 8 in general service in the Gyeonggi-do Office of Education in charge of facility management at B high schools, and on July 1, 2015, the Plaintiff: (a) on the part of the Defendant (hereinafter “instant accident”) filed an application with the Defendant for the approval of the medical treatment of the instant injury caused by the death of a river floor (hereinafter “instant medical treatment”) by asserting that: (b) he/she was a public official of Grade 8 in charge of facility management at B high schools of Gyeonggi-do; (c) he/she was a public official of Grade 8 in charge of the management of facilities; and (d) he/she was a public official of Grade C at around 18:00 of the demand on April 29, 2015, after completing the right to friendship with C teachers and relevant faculty members, who are the head of the friendship group; and (d) he/she received the instant medical treatment by asserting that he/she was killed in the line of duty (hereinafter “instant injury”).

B. On August 24, 2015, the Defendant rendered a decision not to approve medical care for official duties (hereinafter “instant disposition”) to the Plaintiff on August 24, 2015, in light of the fact that “the Plaintiff’s next event that the Plaintiff had attended the meeting on the day of the accident was not established in advance due to a ceremony supervised by a school staff and staff organization (or a club) and a considerable number of members did not attend the meeting, and that the expenses for the meeting was executed at the expense of the president of the meeting, etc., it is difficult to view it as an official ceremony performed under the control and management of the head of the relevant agency. As such, the instant injury cannot be deemed as an accident during the period of leaving the school after the private meeting was cut off, and it is difficult to view that there was a substantial causal relationship with the public service, and thus, it is difficult to deem that the instant injury does not constitute a disease or injury caused by official duties.”

C. The Plaintiff filed a petition for review against the instant disposition.

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