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(영문) 서울행정법원 2016.10.28 2016구단51408
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 May 28, 2015, the Plaintiff was a teacher in the third-year course of B elementary school in order to be a director of the research information department, and was working in the department of B elementary school in order to return to the outside experience study on May 28, 2015, and was transferred to the hospital by appealing for a serious doubles with a meal in the school meal room at around 13:10 while he returned to the school, and was diagnosed as a “pathologum transfusion due to the heavy brain ties” (hereinafter “the instant injury and disease”). On June 18, 2015, the Plaintiff applied for the approval of medical care for official duties to the Defendant.

B. On July 14, 2015, the Defendant issued a disposition not to grant medical care (hereinafter “instant disposition”) to the Plaintiff on the ground that “In light of the medical characteristics and causes of the instant injury and disease, it is difficult to deem that the instant injury and disease had medical causal relations with the Plaintiff’s duties, and even if considering the Plaintiff’s duties and duties performed, it is difficult to deem that the instant injury and disease were in excess of ordinary scope continuous and intensive, on the grounds that the instant injury and disease were caused by combined action of the Plaintiff’s physical and external factors unrelated to the official duties, and that there is no proximate causal relation with the official duties.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. From January 2015, the Plaintiff asserted that the amount of work was rapidly increased as the Plaintiff was engaged in the work as a class, life guidance, counseling, and the head of research information department as a class of the three-year master in the school year from the first semester of 2015. The amount of work was accumulated by driving 30 km a day while commuting to and from work. The Plaintiff was under serious stress due to the consultation of long-term attending students

Although it is reasonable to see that the injury and disease in the instant case occurred due to excessive occupational and stress as seen above, the injury and disease in the instant case is in the line of duty.

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