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(영문) 서울행정법원 2017.08.17 2016구단51569
공무상요양불승인처분취소
Text

1. The Defendant’s disposition of non-approval of medical care for official duties rendered on June 19, 2015 is revoked.

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

Reasons

1. Details of the disposition;

A. After being appointed as a fire officer on January 10, 2005, the Plaintiff was diagnosed on June 3, 2015 by the Seoul White Hospital on the “Public Emburgy, Emburgy, Emburgy,” and applied for approval of medical care for official duties, while having been in charge of fire, rescue, first aid, etc. at a fire station within the jurisdiction.

B. On June 19, 2015, the Defendant rendered a disposition not to approve the Plaintiff’s application for medical care (hereinafter “instant disposition”) on the grounds that it is difficult to recognize a proximate causal relationship between the instant branch and the official duties of the Plaintiff.

C. The Plaintiff dissatisfied with the instant disposition and filed a request for review with the Public Official Pension Benefit Review Committee, but was dismissed on November 11, 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted from around 2005, while serving as a fire-fighting officer, and performed duties such as fire extinguishment, rescue and first aid. Since average working hours per month exceed 300 hours, there are frequent cases where the plaintiff faces dangerous situations where he/she should face his/her life due to the characteristics of the fire-fighting duties. As a result, the mental shock was substantial at each time when he/she had been dispatched to the scene of the rescue, and the person who has made a sacrifice or pain in the same accident.

The instant injury was caused by mental stress and excess caused by the foregoing official duty.

The defendant's disposition of this case on the different premise is unlawful.

(b) Recognizing facts 1) The public yellow disorder, such as the concept and cause of the public yellow disorder, is a disease with the characteristics of the fear that the public yellow dust occurs sulphy and that the public yellow dust may occur.

A serious fear is seled due to the bad symptoms that appear unfortunately.

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