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(영문) 서울행정법원 2020.04.29 2019구단62157
공무상요양불승인처분취소
Text

1. The Defendant’s disposition of non-approval of medical care granted to the Plaintiff on March 19, 2019 for official duties is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The Plaintiff is a police official belonging to the Gangwon Police Agency B District Police Agency.

On November 26, 2018, the Plaintiff, upon receipt of a report of 08:55 on November 26, 2018, was engaged in the work of cutting down garbage booms away from the road on the road located on the road in the official-dong-dong-dong-dong-dong-dong-dong-dong-dong, and was faced with an accident where he was unable to immediately fice on the port knee and kne-dong-dong-dong (hereinafter “instant accident”).

B. After the occurrence of the instant accident, the Plaintiff: (a) took medical treatment on January 11, 2019 after having been admitted to the hospital on the left knee part; and (b) thereafter, (c) “Iekne-free on the half-monthly side of the knee in the instant case” refers to the instant injury.

was diagnosed.

C. The Plaintiff filed an application for approval of medical care for official duties with the Defendant’s application for the instant injury to the Defendant. However, on March 19, 2019, the Defendant: (a) was a disease for which prompt treatment is required due to symptoms, such as kneeing off at a rapid time; (b) the instant injury was confirmed to be a "satise" and it is difficult to find proximate causal relation between the instant injury and the instant accident.

"The disposition of this case is "the disposition of this case on the grounds that it is difficult to recognize the proximate causal relation with the official duties according to the medical opinion".

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3, 4, and Eul evidence 5 (including each number, if any; hereinafter the same shall apply)

each entry and the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that the injury or disease of this case occurred due to the instant accident, not due to the escape of the Defendant.

Even if there was an injury or disease related to the Plaintiff’s happiness, the instant injury or disease should be deemed to have aggravated beyond the natural progress speed due to the instant accident.

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