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(영문) 서울행정법원 2014.08.13 2012구단10171
공무상요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On October 18, 199, the Plaintiff was appointed as a fire-fighting official on the part of October 18, 199, and worked at Jeju Fire-Fighting Assistant 119 Center. On November 18, 201, the Defendant filed an application for medical care benefits for official duties with the Defendant on the ground that there was no proximate causal relation with the instant injury and disease with the official duties. However, on December 12, 201, the Defendant rejected the application on the ground that there was no proximate causal relation with the official duties.

(hereinafter referred to as “instant disposition”). [Ground of recognition] A without dispute, A 1, 2, and 10

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion (1) around 14:00 on April 14, 201, the Plaintiff was diagnosed as an “aviation course” by raising pains on the part of the Plaintiff while entering the vehicle at the scene of a traffic accident at around 05:50 on May 2, 2011.

Therefore, the injury or disease of this case was caused by the above accidents in the line of duty.

(2) After being appointed as fire-fighting officials, the Plaintiff carried out an excessive physical burden, such as fire-fighting and lifesaving. In particular, from around 206 to around 2008, the Plaintiff carried out a duty, such as using a heavy helicopter, working a person in need of care, etc. while performing mountain rescue work.

Therefore, the instant injury and disease occurred due to the Plaintiff’s performance of official duties.

B. (1) On June 2, 2003, the head of Jeju Fire-Fighting Station in charge of rescue at 119 Rescue Center, Jeju Fire-Fighting Station on September 23, 2003, and the head of Jeju Fire-Fighting Station in charge of rescue at 119 Rescue Team on February 3, 2005, the head of the 119 Rescue Team on January 6, 2006, the head of the fire-fighting headquarters in charge of rescue at 119 Rescue Team (Special Rescue Team) on September 12, 2012, and the head of the Seopo Fire-Fighting Team in charge of rescue at 119 Rescue Team on January 12, 2012: Fire-Fighting and rescue at the time of fire-fighting and rescue at the scene.

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