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(영문) 서울행정법원 2016.11.11 2015구단58198
공무상요양불승인처분취소
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. On July 23, 2007, the Plaintiff was appointed as a correctional officer, and from September 30, 2009, the Plaintiff served as a B prison officer of the Daegu Regional Correctional Agency as a correctional officer.

B. At around 15:40 on September 26, 2014, the Plaintiff: (a) went to the 49th national correctional officer training center, which was held in the training department for correction of the law training institute, to the 49th national correctional officer training team leader, and was satisfed, and (b) completed the game, and (c) the Plaintiff complained of the chest pain and the respiratory difficulty.

C. The Plaintiff was sent to the hospital and received the luxation procedure, and was diagnosed as “scopic fluorial fluorial fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral flus

On November 18, 2014, the Plaintiff filed an application with the Defendant for approval of medical treatment on official duties for the instant injury and disease, but the Defendant, on February 5, 2015, caused the instant injury and disease due to official duties in light of the medical characteristics and causes of outbreak of the injury and disease.

It was judged that the plaintiff's physical factors such as geological blood transfusion, smoking, etc. were generated more than once, and it was not approved on the ground that there is no proximate causal relation with official duties.

E. On April 1, 2015, the Plaintiff filed a request for review with the Public Official Pension Benefit Review Committee, but was dismissed on June 3, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was accumulated as the Plaintiff had been on night duty from February 10, 2014, and was transferred to the B prison leading player in the B prison leading player in September 26, 2014, and was under considerable stress.

In addition, on September 26, 2014, the day of the game, the chest was assessed against the other players' elbow during the game, and the injury or disease of this case occurred.

Although there is a proximate causal relation with the Plaintiff’s injury and disease, the Defendant’s disposition of this case based on a different premise is unlawful.

(b) fact of recognition 1.

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