2015Gudan5604 Revocation of Disposition of Non-approval for Medical Care in Course of Duties

Red ○○, a lawsuit taken over by the deceased ○○

The Government Employees Pension Service

October 28, 2016

November 18, 2016

1. On April 2, 2015, the Defendant’s disposition of non-approval of medical care for official duties on April 2, 2015 is revoked.

2. The costs of lawsuit are assessed against the defendant.

The order is as set forth in the text.

1. Details of the disposition;

A. The ○○○ was a person working as a special fire safety inspection officer of the Busan Metropolitan City Fire Safety Headquarters, and was a family member without any history, and was prudently sound, and was exposed to hazardous chemicals (benching, al. al.) at the site of a fire of about 733 cases during about five years and two months during the total working period of about 20 years, and was exposed to hazardous chemicals (benching, al. al. al.) at the World Health Organization (WHO) at an inferior fire station where the exhaust gas emission rain was not caused.

(IARC) continued to be exposed to diesel gas (fire-fighting vehicles) which is defined as carcinant substances, resulting in multi-diversity type "(hereinafter "the injury and disease of this case")", and applied for approval of medical care for official duties to the defendant.

B. On April 2, 2015, in light of the medical characteristics of the disease, the Defendant, on the ground that, in light of the medical characteristics of the disease, on the ground that “the cause of the disease was not clearly identified, the disease in this case cannot be presumed to have caused the disease due to the public book, and there is no medical evidence that the disease in this case occurred in the working environment or working environment, and that there was a special cause that the disease in this case occurred in the duties of this ○○, and therefore, it cannot be recognized as a proximate causal relation with the official duties of the branch in this case (hereinafter “instant disposition”).

C. ○○○ died on August 4, 2016, while the instant lawsuit was pending, and the Plaintiff, the mother of the deceased Lee○○○ (hereinafter “the deceased”), took over the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1-1 and 2, and the purport of the body before oral argument

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

After being appointed as a fire-fighting officer on June 1, 1995, the deceased worked as a fire-fighting officer for about 18 and 6 months. Among them, the deceased engaged in fire-fighting and lifesaving for about 5 years and 1 months. In particular, from August 7, 2007 to July 26, 2010, the deceased was directly put into the fire site for about 3 years, and the deceased was diagnosed as the disease in this case after he was exposed to scen and scenthrhosis during the process. In addition, the deceased worked 24 hours as other fire-fighting officers, and worked 24 hours of rest and 24 hours of rest, and the above form of work seems to have been improved in the immunity system of the deceased. The deceased's family members related to this case's health had no special problems, and the deceased's family members related to this case's disease was unlawful.

(b) Facts of recognition;

1) Details, etc. of duties

A) On June 1, 1995, the Deceased was appointed as a fire-fighting officer of Busan Metropolitan City, and was in charge of extinguishing fire and rescuing lives, and special investigation of the fire-fighting properties in the Eastern Fire Station, and the details of the deceased’s fire-fighting and lifesaving duties are as follows.

A person shall be appointed.

B) According to the fire statistics report, the number of calls to fire stations for fire extinguishment in Busan area was 2,07 cases in 202, 2004, 1, 917 cases in 2004, and 1, 917 cases in 2007, from August 7, 2007 to November 9, 2008, the number of calls to fire extinguishment in the South-west fire station 119 Safety Center in the South-west fire station was 59 times in total, and from November 10, 208 to July 26, 2010, the number of calls to fire extinguishment in the East-west Fire Station 119 Safety Center in the East-west fire station was 96 times in total.

C) Working environment, etc. (the results of fact-finding on the shipping fire station, the South-North fire station, and the future fire station)

- Fire officers are protecting only the respiratory devices, such as snow, nose, and entrance, when they put into the fire site, at least to the minimum extent, and the rest of hair, trees, etc. are exposed to harmful substances. Air Smoking is currently being paid for 50 minutes, but it is most easy before 200 minutes prior to 200, so it is not suitable for the long-term fire fighting.

- Chemical protective clothes that can protect a person from hazardous chemicals are not possible to wear due to restrictions on activities on the field of fire, etc. and are not secured to the extent that they will be paid to each individual. As of October 2012, current chemical protective clothes owned by 194 fire stations all over the country are 2,323 punishments, 35,090, 6.6% of the current year of discharge in total, 1,365 punishments.

- No protective equipment currently worn by fire officers cannot completely protect fire fighters from poisonous gases, etc. In particular, fire officers can not wear a string in the wearing of a air conditioning machine even if they are placed at the site, because fire fighting officers wear a fire fighting uniform and air conditioning machine at the short time when they arrive at the site, at the same time as the dispatch order, and put them into fire fighting immediately.

- Fire officers may also be exposed to the remaining chemical substances in the process of putting off the air resistant in such a way as heat after fire fighting, etc.

- Harmful substances exposed on the spot of a fire include inflammablecarbon, Acrawls, chrawers, chroxins, emuline oxide, ion oxide, ion oxide, carbon dioxide, bents, and scardededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededede of almost all fire. However, according to some studies, 04 - 38 ppp in the event of a forest fire, 00 - 38 pp in the event of a fire, 07 - 250 ppm in the case of a fire, average concentration 17 ppm in the case of a fire, and maximum 0 p

2) The examination process of the instant injury and disease

A) On February 23, 2011, the deceased performed his fire extinguishment duties for a period of three years until July 26, 2010, the deceased was diagnosed as "as a result of the treatment conducted by visiting the future hospital on February 23, 2011, the left-hand shoulder and the upper part of the neck, the result of the treatment conducted by visiting the future hospital on February 23, 201," such as a collision with the front left-hand-hand-hand collision, a light signboard escape certificate, etc., and was hospitalized and treated for hospital treatment.

B) Despite treatment, the deceased, who had no symptoms, was hospitalized and treated for hospital treatment on November 7, 201, following the diagnosis of 'brupt and multiple pains,' as a result of the implementation of electric power supply, MRI photographing photographs, etc. to the sex-related sexually ill class on the same day.

C) On March 6, 2012, the Deceased was treated by transferring it to the Gyeyangsan University Hospital, and received the diagnosis from the Maternology and the Maternium, the Deceased was diagnosed by the Maternology and the Maternal Maternic Maternic Maternic Maternic Maternic Maternic.

D) On March 22, 2012, the Deceased was diagnosed as the instant injury and disease on April 6, 2012, when he/she was hospitalized in the Indonesian Shipping Hospital (from March 22, 2012 to April 6, 2012).

3) Medical opinions

A) The result of the fact-finding conducted with respect to the Shipping White Hospital of this Court

- Multi-dive dystrophy species are malicious blood species, which show the malicious awareness of the form and quality cells derived from a single dystrophism.

- The causes of dystrophal species are unclear. The causes of dystrophal radiation, agricultural parts, systrokes, bamboo workers, and persons exposed to petroleum products are somewhat many.

B) The result of this court's fact-finding on Seoul Asan Hospital

- The elderly and radiation are known to be the risk factor of multi-presidential species, and it is also known that it is related to various materials related to the agricultural industry, such as flax, and lead, and the genetic elements are also discussed.

- Although there is a result of an epidemiological investigation that proves that patients exposed to benent gender are highly likely to engage in diversified species, there is no way to identify the cause of individual patients.

- 망인이 노출되었던 작업환경의 화학물질들과 다발성 골수종의 발병과의 인과 관계를 명쾌하게 설명하기는 어렵다 . 다만 한 유해물질에 노출될 가능성이 일반인보다 높은 소방관에서 다발성 골수종 , 비호지킨림프종 , 전립성암 등이 더 많이 발생했다는 역학연구 ( Journal of occupational and environmental medicine , Volume 48 , Number 11 , November 2006 ) 를 참고하면 , 망인의 작업환경과 다발성 골수종의 연관관계를 완 전히 배제하기는 어렵다 .

C) Results of the commission of the examination of medical records to the head of the relevant court of Egyptian University

- Calved species are those diseases which destroy the bones and bones as a result of the generation of flags, and which cause damage to flaps and severe flapsying.

- Multi-malone species are found not to have a clear cause of outbreak, and there is an imbalance in the immunity system in the state of damage inherent in genes, and B - Afforestation has been revealed to have increased.

- Although there is a report on the relationship between the benent and the dystroke species, there is no sufficient data to support that the possibility of the outbreak of diversified species is higher than that of healthy adult men in the case of fire officers.

D) Results of commissioning the examination of medical records to the head of the Seoul Hospital at the Hanyang University

-one of the blood cells, form and quality cells is in charge of the important parts of the immunity system of our body - The climf is mainly in charge of the production of an anti-owned body. These diseases, the abnormal differentiation and proliferation of which are multi-darcation and proliferation of these sub-darcary cells, primarily cause pains of the bones, the darcation of the bones, the darc darc dystro, the dystropy of the bees, the dystrop, the dystropy of the dystrop, the dystrop of the body decrease, etc.

According to the statistics of the United States, multiple species account for about 1% of the total cancer generation and about 10% of the blood cancer. The probability of outbreak in over 50 years of age occurs mainly in old age with 90%, and the male generation rate is about 1.4 times compared to women.

However, according to the result of the study by classifying the cancer generation rate between Sweden and 1979 from Sweden in 1961 by occupation, there is a possibility of occupational or environmental factors as a result of an increase in a significant level in occupational fields, such as the Ministry of Agriculture, Forestry and Fisheries, metal processing business, mining parts, and quarrying. The most representative harmful factor is the exposure to ion radiation, and is known to increase the risk of ben, rain, rain, water supply, aquatic chemicals, and pest-related compounds.

- The results of analysis of California's cancer registration data show that according to the results of analysis, the direct operation of fire-fighting officers is about 1.4 times the impact of the occurrence of multiple-explosion species. The results of tracking observation for 45 years of the outbreak of cancer by the North Europe fire-fighting officers were about 1.69 times the cost of standardization of multiple-explosion species (SIR) in the age above 70. In addition, according to the results of analysis of 32 comprehensively, according to the results of analysis, the risk of multiple-explosion species is about 1.53 times the risk of the occurrence of multiple-explosionation species.

- It is obvious that fire officers are exposed to many kinds of cancer substances and have served as a high risk of cancer outbreak accordingly. In Korea, there is a result of the study that the network rate by cancer is high by 54% compared to the fire officers for less than 20 years in continuous service year and men other than fire officers and fire officers. In the process of fire-fighting, it is difficult to grasp the level of exposure to hazardous chemicals in the process of fire-fighting and assess the risk caused by complex exposure is highly likely to be relatively lower than the actual one, considering that it is difficult to grasp the level of exposure to hazardous chemicals in the process of fire-fighting and assess the risk caused by complex exposure is more likely to be relatively lower than the cause of disease, but it is possible to be able to serve as an aggravation factor.

[Ground of recognition] Gap evidence Nos. 1, 4, Eul evidence Nos. 3 through 6 (including branch numbers), each of the medical record appraisal results on the head of the Hanyang University Seoul Hospital in the Republic of Korea, the head of the Lee Jin National University in the Republic of Korea, and the head of the Ginhan National University in the Republic of Korea, the result of this court's commission of the medical record appraisal, the result of the fact inquiry into Busan Shipping Fire Station in the Republic of Korea, Busan East National Fire Station in the Republic of Korea, Busan East East National University in the Republic of Korea, the Marine Transport Center in the Human University in the Republic of

(c) Determination.

1) Article 35(1) and (3) of the Public Officials Pension Act refers to a disease caused by a public official on official duty while performing his/her duty. Thus, there is a proximate causal relationship between the official duty and the disease. In this case, the causal relationship between the official duty and the disease must be proved by the party asserting it, but the causal relationship does not necessarily require any clear medical and natural proof, and considering all the circumstances such as health conditions of the public official at the time of appointment, the cause of the disease, whether there was the cause of the disease in the workplace, whether there was the cause of the occurrence, and the period of service in the workplace where the cause of the occurrence exists, there is a proof even if it is presumed that there is a proximate causal relationship between the official duty and the disease, and the existence of proximate causal relationship between the official duty and the disease should be determined based on the health and the physical condition of the public official at issue, not on the average.

In addition, Article 29 (2) of the Enforcement Decree of the Public Officials Pension Act provides that "The detailed criteria for recognition of diseases or injuries caused by official duties are as shown in attached Table 2-2, and "B" is presented in attached Table 2-2 under the premise that material such as bench hyd, etc. becomes the cause of occupational cancer" (attached Table 2-2). The provision provides that "the cumulative exposure of cancer or malicious diseases caused on the part of the body affected by official duties, such as asbestos bend, which occurred during the period of 0 years or more, and that "the cumulative exposure of such diseases to public duties is recognized as not less than 10 years," and "the cumulative exposure concentration of such diseases caused by official duties is less than 10 years" in attached Table 34 (3) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act (attached Table 3) and "the cumulative exposure concentration of such diseases caused by official duties is less than 10 years," and "the cumulative exposure density of such diseases is less than 10 years more than 0 years".

2) The following circumstances revealed by the evidence and the purport of the entire pleading of the deceased, namely, ① the correlation between the deceased and the first-class cancer that was detected on the spot of fire, are medically reflected in the positive laws and regulations. (See attached Table 3) The specific criteria for recognition of occupational cancer" under Article 34(3) of the Enforcement Decree of the Industrial Accident Compensation Insurance Act is merely an estimate of the total number of times dispatched to the fire station of the deceased, and thus, it cannot be said that there were no possibility that the deceased might have been exposed to the scene of fire during 2 years from June 1 to July 26, 2010, because there were no possibility that the disease might have been exposed to the disease at least 3 years from the scene of the fire, and that there was no possibility that the disease might have been exposed to the scene of the fire at least 7 years from the date of the outbreak of the fire at least seven years from the date of the outbreak of the fire at the scene of the deceased.

Therefore, the defendant's disposition of this case, which was made on the upper branch of this case and on the other premise, is unlawful.

3. Conclusion

The plaintiff's claim is reasonable, and it is so decided as per Disposition.

Judges Kim Jong-chul