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(영문) 서울행정법원 2017.11.08 2017구단51337
공무상요양 불승인 처분 취소
Text

1. On May 16, 2016, the Defendant’s disposition of non-approval of medical care for official duties rendered to the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff was appointed as the prosecutor of the Seoul Dong District Prosecutors’ Office in around 2005, and served in the Suwon District Prosecutors’ Office, Busan District Prosecutors’ Office, the Suwon District Prosecutors’ Office, and the Seoul Western Prosecutors’ Office, and then served in the Cheongju District Prosecutors’ Office from February 2015 to February.

B. On February 22, 2016, the Plaintiff was diagnosed as a result of the diagnosis conducted at the emergency room of the Seoul Am2asan Hospital on February 29, 2016, on the following grounds: (a) the left side, etc. was provided with a sprink part of the sprink; (b) the left side of the sprink part of the sprink part of the sprink part of the sprink part; and (c) the boarding on February 25, 2016 and the boarding on February 26, 2016, which continued to leave the sprink at KRW 2-3 p.m.; and (d) the high heat and pain symptoms continued at the spam and the sprink.

C. On April 12, 2016, the Plaintiff filed an application for approval of medical care for official duties with the Defendant on the ground that the instant injury was caused by overwork and stress.

Accordingly, on May 16, 2016, the Defendant rejected an application for medical care for official duties on the ground that “this case’s injury is not presumed to have been caused by a disease due to a public duty because it is not clear of the cause of the outbreak in light of medical opinions, and there is no medical evidence that the disease occurred in the Plaintiff’s working condition or working environment, and there is no special cause that the disease occurred in the Plaintiff’s duties, it is difficult to recognize that the disease in this case’s injury occurred from a public duty-related disease.”

[Ground of recognition] Facts without dispute, Gap evidence 3-1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The instant injury or disease occurred due to overwork and stress caused by the Plaintiff’s assertion on official duty.

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