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(영문) 서울행정법원 2014.09.04 2013구단19595
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 November 27, 2012, the Plaintiff was a teacher working for the first-class 4th grade of B High School belonging to the Gangwon-do Office of Education. On November 27, 2012, the Plaintiff was diagnosed as “the first-class 4th class of B High School, 08:40, and then was found from the toilet to the cleaning service personnel and sent back to the hospital, and was diagnosed as “the instant injury and disease” (hereinafter referred to as “the instant injury and disease”).

B. The Plaintiff asserted that the instant injury and disease were diseases caused by official duties, and the Defendant applied for the approval of medical care on or around January 4, 2013, but the Defendant rendered a decision not to approve the instant injury and disease (hereinafter “instant disposition”) by deeming that there was no proximate causal relation between official duties and the instant injury and the disease.

C. The Plaintiff filed a request for review with the Public Official Pension Benefit Review Committee, but was dismissed on July 16, 2013.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 6, Eul 1, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. In addition to regular classes, the Plaintiff asserted that, during the three-month period immediately preceding the occurrence of the instant injury and disease, the Plaintiff engaged in overtime work exceeding 110 hours (28% of overtime work hours compared to ordinary work) by conducting after-school activities, self-school learning guidance, and supervision of academic ability tests, etc. In addition to regular classes. Before the occurrence of the instant injury and disease, the Plaintiff provided guidance to self-level learning of the anti-school teachers who are in charge of the same teacher as the teacher’s sick leave for one month prior to the occurrence of the instant injury and received serious stress due to bad attitude of anti-school students, there was a proximate causal relation between the Plaintiff’s official duties and the instant injury and injury and disease.

The instant disposition based on the different premise is unlawful, even though it is on the other premise.

(b) The details of the relevant statutes are as shown in the attached statutes.

다. 인정사실 ⑴ 담당업무와 근무시간 등 ㈎ 원고는 1989. 9. 1. 중고등학교교사로...

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