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(영문) 서울행정법원 2020.12.17 2019구단65019
공무상요양기간연장 및 추가상병불승인 처분취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On December 1, 1987, the Plaintiff was appointed as a public official in the correctional service, and on December 8, 2002, after performing the snow removal work in the B prison, the Plaintiff received medical treatment approval for medical treatment on the part of his official duties as to “Iskical signboard escape certificate (No. 4-5)” and “Iskical base base (hereinafter “the instant accident”).

B. On January 2019, the Plaintiff applied for the extension of the period of medical care and the extension of additional medical care for official duties to the Defendant on June 15, 2016 and July 3, 2018, with the medical care period as the additional medical care period as “the instant additional medical care escape certificate No. 5-T-T-T-T-T-S-T-S-S-S-S-S-S-S-S-S-S-S-S-S-

C. On July 2, 2019, the Defendant issued a disposition to extend the period of medical care for official duties and to approve additional injury and disease (hereinafter “instant disposition”) against the Plaintiff on the ground that “the instant additional injury and disease is the treatment period for the injury and disease for which there is no proximate causal relation with the existing injury and disease, and the application for extension of the period is not recognized.”

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion that there was no medical treatment on the part of the Plaintiff before the instant accident, and the shock caused by the instant accident had a significant impact on the conical signboards No. 5-T. 1, and in fact, the instant additional disease was diagnosed immediately after the instant accident was diagnosed and executed drug treatment, surgery, etc., and thus, the instant additional disease was caused or aggravated due to the instant accident or the injury caused by the instant accident, and the Plaintiff’s doctor’s opinion is supported.

On a different premise, the defendant's disposition of this case should be revoked in an unlawful manner.

B. The additional injury or disease related to the first official medical care is additionally discovered in a public official’s position who is receiving medical care or completing medical care due to a disaster, or in addition to the injury or disease caused by the disaster.

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