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(영문) 서울행정법원 2017.07.13 2016구단59358
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. On September 23, 2015, the Plaintiff, a civilian military employee in the Army, who is a repair team in charge of BTS (hereinafter referred to as “affiliated repair team”) in BTS (S), BTS (S), BTS (S), BTS (S), was diagnosed in detail after being transferred to the military service office, and went to the military service office in order to reduce attached atmosphere (a waiting time due to the entry and departure of parts) during the week and the end of the week. On September 23, 2015, the Plaintiff, a civilian military employee in the Army, was diagnosed in detail after being assigned to the military service office in order of the Armed Forces Capital Hospital and Samsung Seoul Hospital (hereinafter referred to as “instant injury and disease”).

B. On December 3, 2015, the Plaintiff filed an application with the Defendant for approval of medical care on the ground that the instant injury or disease was a disease for official duties. However, on January 15, 2016, the Plaintiff received a notification of non-approval of medical care for official duties (hereinafter “instant disposition”) on the ground that “The instant injury or disease was considered as a result of the instant injury or disease, rather than due to overwork or stress, by combined action of the Plaintiff’s physical and external factors outside of official duties, rather than due to overwork or stress, and thus, the instant injury or disease was considered as a result of the instant injury or disease.”

C. The Plaintiff requested the Public Official Pension Benefit Review Committee on March 11, 2016, but was dismissed by the Public Official Pension Benefit Review Committee on May 10, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 6, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion has considerable mental and social stress due to his/her duty in the large-scale repair team, etc. that the plaintiff frequently worked in order to reduce his/her attached atmosphere, and the plaintiff has gone to the left knee due to a traffic accident in his/her work path, and thereafter has gone to the left knee.

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