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(영문) 서울행정법원 2016.07.18 2015구단62548
공무상요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff is a person who has served as the head of the civil service and welfare team at the Goyang-si B community service center.

On April 23, 2015, the Plaintiff, at around 15:30 on April 23, 2015, filed an application with the Defendant for approval of medical care for official duties, following the occurrence of an accident attributable to the boundary of the sidewalk block (hereinafter “instant accident”), which was returned to the office (hereinafter “instant accident”).

On July 2, 2015, the Defendant rendered a decision not to approve medical care for official duties on the ground that the causal relationship between official duties and the injury and disease of this case cannot be recognized.

(hereinafter “Disposition in this case”). 【No dispute exists, A’s evidence Nos. 1, 2, and 4, and the purport of the entire pleadings

2. Whether the disposition is lawful;

A. The instant injury or disease occurred due to the instant accident or rapidly aggravated beyond the natural progress, and thus, the instant disposition is unlawful.

B. Determination 1) The term "official disease" under Article 35 of the Public Officials Pension Act refers to a disease caused by an accident in the course of performing official duties. Thus, there is a causal relationship between the official duty and the disease, and the causal relationship must be proved by the assertion of such causal relationship. 2) In light of the evidence No. 5 of this Court, the medical record appraisal entrustment results with respect to Kamamamamama Hospital at Korea University, and the following circumstances where it can be known that the entire purport of arguments was revealed, the above appraisal entrustment is insufficient to recognize that the disease in this case occurred due to the accident in this case, or that the existing disease rapidly aggravated beyond the natural progress, and there is no other evidence to prove otherwise.

① The Plaintiff’s observation of the front end of the abandonment of the stopical stopical stopical stopical stopical stopical stopical stopical stopical stopical stopical stopical stopicals generally

The plaintiff implemented on April 27, 2015.

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