2015Nu3123 Revocation of Disposition of Non-approval for Medical Treatment for Official Duties

A person shall be appointed.

Attorney OOO-O

The Government Employees Pension Service

Litigation performers 000

Seoul Administrative Court Decision 2014Gudan50401 decided December 24, 2014

October 21, 2015

November 18, 2015

1. Revocation of the first instance judgment.

2. On May 27, 2013, the Defendant revoked the Plaintiff’s disposition of non-approval of medical care for official duties.

3. All costs of the lawsuit shall be borne by the defendant.

The order is as set forth in the text.

1. Details of the disposition;

The reason why the court's explanation on this part is the same as that of the judgment of the court of first instance.

section 8(2) of the Administrative Litigation Act, and the main sentence of Article 420 of the Civil Procedure Act shall be quoted.

2. Summary of the plaintiff's assertion

The plaintiff is performing the duties of the commander of the reserve forces in the team of the 00 team team of the 000 team, above 00

Ten reserve forces with the direction of the presidential commander at the sports competition for the creation of a brigade (hereinafter referred to as the "sports competition of this case").

A military commander selected as a leading representative player and for three days from October 17, 201 to October 19, 2011;

The plaintiff was engaged in a leading practice for sports events. The plaintiff was 400 meters Track for three days.

The level of 20 wheels has been changed to 20 wheels, which does not fit to the spath, and the spathic or spathicization

As a result of the report practice, the left-hand wing-up infection occurred; the left-hand wing-up wing-up infections on the left-hand side;

High-priced incidental business which has deteriorated in the course of receiving treatment while continuing such business; and

(hereinafter referred to as “the instant injury and disease”). Accordingly, the occurrence and the Plaintiff of the instant injury and disease.

Since there is a proximate causal relation in performing official duties, the instant disposition, which different the premise, is unlawful.

3. Whether the disposition is legitimate;

A. Relevant statutes

As shown in the attached Form.

(b) Facts of recognition;

(1) Status of the Plaintiff

On March 1, 1997, the Plaintiff was discharged from military service on December 31, 2009, as Second Lieutenant to the Army, and on January 1, 2010.

- 00 '00 -00 -0 -0 -00 - - the reserve forces belonging to the 000 -

00. It has been appointed and served as the 00 East Register.

(2) The instant sports events and field practice

(1) The plaintiff is a reserve force commander's leader to participate in an athletic competition for the creation of a brigade under his/her command as a leader of the fraternity.

was issued. From October 17, 201 to 19th of the same month among the work logs of the unit of the reserve forces belonging to the Plaintiff.

[15] 15: 00 to 17: 50 : 150 : 50 : 15

'Participation in sports competition practice (Preparation)' is written.

② The Plaintiff is engaged in practice with a different 400-meter Tracknife with a different 20-wheeler per day.

(1) The reduction of the record, although the spacific or spacific or spacific spacific was not familiar with the plaintiff's development;

In order to report these sports activities, the driving practice was reported.

(3) Occurrence of a letter of origin, medical records, etc.

① In the course of the Plaintiff’s mooring practice as above, serious pains on the left part of the knives knife.

A. On October 19, 201, 201, the day of the Plaintiff’s occurrence of pains, the Plaintiff was born to the front of the front of the front of the front of the front of the front of the front of the front of the front of the last year.

He/she was diagnosed by the "Achtille dinitis" (Achtilles dinitis), and the medical records in the above medical records.

"ONEST (e.g. date of outbreak): They are marked as "ONEST" at the lower court, which is a large number of field practice.

② On October 31, 2011, the Plaintiff was diagnosed as “Fargum wing salt” with 000 hospitals.

On November 24, 2011, at the National Armed Forces00 Hospital, the examination of salt pansium and tensions of other sacrines, and knch chlosium infections of the part of the sacrine.

The date and time of outbreak: 5 weeks before the date and time of the outbreak; 1.5 weeks before the date and time of the occurrence; 2.0% for the above patients.

In the course of the field activities, it is written as internal source of proof.

③ Since then, the Plaintiff continued to receive injection treatment, etc., but the symptoms worsen on May 2012.

In September 7, 2012, the injury and disease of this case at △△ Hospital, and on September 11, 2012 at 00 University 000 Hospital, etc., respectively, the injury and disease of this case

(Achtilles tendinis) was diagnosed.

④ On January 3, 2013, the Plaintiff was on duty at the Deliberation Committee on the Performance of Official and Official Duties, with respect to “Ammons chatitis (dried salt)”

After being recognized, the Defendant applied for medical care on official duties with respect to the instant injury and disease.

(4) Medical opinions

(1) The plaintiff's knife is found to be in a astronomical shorter or the bones of elblue in a sound and rear manner, etc.

There is no congenital disease or sentence that may affect the outbreak of the injury or disease in the case and is normal.

(2) In cases of bale buritis, existing between streke and strekee wale strekes and skins.

due to salt arising from repeated and continuous shacks or direct shocks;

as a disease created and developed in the wing, which does not meet its conditions, has been reported for a long period of time.

It can occur at all times.

③ On October 19, 201, the Plaintiff’s injury or disease is the aftermath wing infection as of October 19, 201, and thereafter, the Plaintiff’s injury or disease is an excessive incidental duty or duty.

The injury to the disease of this case has been caused by the disease of this case for the reasons of injection treatment, etc.

That is.

[Ground of recognition] Gap evidence Nos. 1, 6, 8, 9, 11, Eul evidence Nos. 2 through 4, legal fiction of this Court

As a result of fact-finding with respect to the head of the University Musan Hospital, the purport of the entire pleadings (specialized hearings of the court of first instance)

The members shall include their opinions on the assistance of the members

(c) Determination:

(1) The relevance of performing official duties in the preparation of the instant sports competition

Reference to events or meetings which are not prescribed as duties that a public official is obligated to engage in;

the organizer, objective, content, number of participants and lectures of the event or meeting, even if the event or meeting was under a disaster.

The overall of events or meetings in light of social norms, such as whether they are placed or not, methods of operation, burden of expenses, etc.

The Public Officials Pension Act, when the process was under the control or management of the agency, shall apply to it.

Article 35 should be viewed as "diseases or injuries caused by official duties" (Supreme Court Decision 8 December 2011).

208Du13620, see Supreme Court Decision 2008Du13620, etc.).

According to the facts acknowledged above, the sports competition of this case is a commemorative event for the creation of a brigade.

The commander of the company belonging to the plaintiff shall be the leader of the reserve forces, including the plaintiff, as the leader of the company at the above sports competition.

The selected unit of the Plaintiff’s reserve forces shall be 15:00 each day from October 17, 201 to the 19th day of the same month.

From around 17: From around 50 to around 17: A plan to work hours for the training hours of the above sports competition with about 3 hours;

The plaintiff is aware that he was engaged in guidance practice in accordance with the above practice schedule at the Symnasium;

In addition to these circumstances, the Plaintiff’s recognition of official duties by the Committee for the Review on Civil and Official Duties:

The overall preparation process of the sports competition of this case is controlled or managed by the agency of the plaintiff.

It is reasonable to see the extension of public duties performed under the status of receiving public performance as an exercise of official duties, and sports;

In the course of preparing a meeting, the members of the unit selected as players of the sports competition, such as the plaintiff, shall conduct the practice of Korea.

The relevance to performance of official duties is also recognized.

(2) Whether proximate causal relation is recognized

(A) Relevant legal principles

"A disease caused by official duty" as a requirement for the claim for payment of medical care expenses under Article 35 (1) of the Public Officials Pension Act.

or injury means a disease or injury that occurs in connection with the performance of official duties by a public official.

Therefore, there should be a causal relationship between official duties and the disease or injury, and the causal relationship should be that.

proof on the part of the assertion. The proximate causal relationship shall be clearly proven in medical and natural science.

It is not required to be ordered and, in consideration of all circumstances, between official duties, diseases, or injuries.

Since it is presumed that there is a causal relationship, there is a proof, an indirect death.

In accordance with the theory that the most reasonable explanation under the experience law can be given on the basis of actual relations, etc., a public official

If human nature can be presumed, it should be regarded as a disease or injury due to official duty. In addition, public service.

Medical malpractice or medicine in the course of treating an injury or disease caused by a free disease or injury;

B. The proximate causal relation even if a new injury or disease was caused by the side effects of the treatment method.

As long as recognized, this shall also be deemed to constitute a disease or injury due to official duties, and such fact shall also be deemed as such.

A reasonable person between the side effects of the same medical malpractice, medicine or treatment method and the occurrence of new injury and disease;

The above legal principles shall apply when examining whether there is a relationship (Supreme Court Decision 30 May 30, 2003).

High Court Decision 2002Du13055, Supreme Court Decision 2012Du25880 Decided April 11, 2013, etc.

(B) Whether there exists a causal relationship between the guidance practice and the post-culption outbreak.

First, in full view of the following circumstances known by the facts described above, the Plaintiff

It can be recognized the causal relationship between the main practice of sports games and the post-wing infection.

① On October 19, 201, the third day of the guidance practice of the Plaintiff, the disease diagnosed by the Plaintiff was sickly ill on October 19, 201.

Ma, such as reporting rewing salt and rewing reticulate; Ma, etc., reporting reticulate that does not fit to the launching;

A disease that can occur whenever the inspection continues (in the first 000 square department, from 'the first 000 square department' power

Although it was diagnosed as 'patitis', it is normally conducted by the after-water catitis as an Azatonitis.

In light of the fact that the former is light compared to the latter, the first diagnosis seems to be the post-checked wing.

(2) The electricity perch shall normally result in sports sports campaigns and in particular from running motions.

Madro-copperum arro-coperum arro-coperum arro-coperum arro-coperumume arro-coperumumumumume

The possibility of repeated and continuous paralysis or direct shock is higher.

③ The Plaintiff’s practice that leads 400 meters Trackscists to 20 wheels per day.

B During the three-day period, the day on which a serious pain is made and a pain is generated on the left part of the left part of the water;

From October 19, 2011 via 000 Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac-Mac]

was diagnosed.

④ Prior to around October 19, 201, the Plaintiff is related to the shot-wing crokeitis or the chroke chloakitis.

There is no medical treatment, and there is no congenital disease or type related to the outbreak of these diseases to the Plaintiff.

(c)

(C) Whether there exists causation between guidance practice and the occurrence of the injury or disease of this case

Furthermore, according to the facts found earlier, the instant injury and disease were treated in the process of treatment of the post-alley typume pyrokeitis.

The Plaintiff continued to perform official duties in a state where Akkylty has deteriorated due to excessive injection treatment, etc.

Medical science that the result of the event or the rapid aggravation of the natural progress may be caused;

Since it is an appropriate opinion, medical malpractice, such as excessive injection and treatment, in the course of treatment for post-alley dump infection

The injury or disease in this case may be deemed to have occurred due to the side effects, etc. of the fee method. Accordingly, this case may be deemed to have occurred.

There is also a proximate causal link between the development of the injury and the Plaintiff’s practice at the athletic games.

(D) Sub-decisions

As above, there is a proximate causal link between guidance practice and the outbreak of injury or disease, and therefore, the award of this case is acknowledged.

Soldiers are diseases caused by official duties.

4. Conclusion

Since the disposition of this case is unlawful, the judgment of the first instance court, which has different conclusions, shall be revoked, and the disposition of this case shall be revoked.

part shall be revoked.

The presiding judge shall be a judge.

Judges Kim Gung-sung

Judgment of the Supreme Court