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(영문) 서울행정법원 2018.11.02 2017구단31982
요양일부상병불승인및일부상병요양비부지급처분취소
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. The Plaintiff was appointed as a police officer on November 3, 1990, and served in the Gwangju Mining Police Station B box from July 12, 2016.

B. On March 23, 2017, from around 13:00 to 14:40, the Plaintiff: (a) during the process of using B police boxes for the chemical environment control, the Plaintiff satisfed with the neck and urine; and (b) thereafter, the Plaintiff diagnosed the “satisf in the satch of the satch;” (c) the “satisf in the satch of the satch of the satise,” and (d) applied for medical care for official duties to the Defendant.

C. Accordingly, on July 20, 2017, the Defendant approved the Plaintiff on medical care for official duties as to the “salkin’s salt base and salkin’s salt base,” and on July 20, 2017, the Defendant issued a non-approval of medical care for official duties on the ground that there is no causal link between official duties and public duties with respect to the “salkin’s salt base and salkin’s salt base” (hereinafter “the instant case’s injury seat”). The instant disposition is limited to the non-approval portion.

[The facts without dispute over the basis for recognition, Gap evidence Nos. 1, 3, Eul evidence No. 1, and the purport of the whole pleadings.]

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that he had been continuously borne by police officers for about 27 years, while serving as a police officer, and wearing external leathers or external jackets with a police gear equivalent to approximately 3 kmg in the outer time, and having been continuously borne by police officers by carrying out inspections of criminals, the suppression of assemblies and demonstrations, the handling of traffic accidents, the handling of principal offenders, and the patrols to prevent crimes. Furthermore, the Plaintiff suffered cumulative and stress due to the main-time shift, the driving of the 112 patrols, the excessive working hours, etc. on March 23, 2017, and the injury and disease of this case occurred by using force on the verte part of the spine.

Therefore, the injury or disease of this case is rapidly higher than the natural speed of progress due to the Plaintiff’s official duty.

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