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(영문) 서울행정법원 2018.02.22 2017구단60195
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. After being appointed as a local fire assistant on October 7, 2010, the Plaintiff was performing the duty of mountain rescue, lifesaving, first aid, fire extinguishment, etc. as a fire official.

나. 원고는 2016. 11. 1. 피고에게 “2016. 10. 14. 9:30경 공기통 5개와 스쿠버장비세트 4개를 수난구조차량에서 생활안전구조차량에 3단 높이로 옮겨 싣던 중 허리에 툭하는 느낌을 받고 자리에 주저앉았고(이하 ‘이 사건 사고’라 한다), 심한 허리 통증으로 병원을 방문한 결과 제4-5번 요추간 추간판탈출증(이하 ‘이 사건 상병’이라 한다) 진단을 받았다”고 주장하면서 공무상 요양승인신청을 하였고, 2016. 12.초경 ‘요추의 염좌’를 신청상병으로 추가하였다.

C. On December 22, 2016, the Defendant: (a) granted the Plaintiff approval for medical care in the line of official duty; and (b) rendered a non-approval of the instant injury on the ground that “the instant injury appears to be a naturally malicious disease, but does not constitute a causal relationship with the official duty” (hereinafter “instant disposition”).

In response to the instant disposition, the Plaintiff filed a request for review with the Public Official Pension Benefit Review Committee. However, the Plaintiff was dismissed on the ground that “the instant injury or disease was not verified as a result of video reading, and it is difficult to deem that there was a proximate causal relation with the official duties.”

[Reasons for Recognition] Unsatisfy, Gap's statements in Gap's 1, 3 through 6, 8 through 12, and the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The Plaintiff’s assertion that the injury and disease of this case occurred due to the Plaintiff’s heavy burden at the time of the instant accident. Even if not, the Plaintiff performed various rescue activities, such as mountain structures, lifesaving, safety measures, etc., which impose a heavy burden on the Plaintiff after being appointed as a fire officer, and suffered an accident falling on the roof around November 25, 2013.

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