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(영문) 서울행정법원 2016.04.21 2015구단21721
공무상요양불승인처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff received medical care on July 11, 2007 for official duties on the part of the Plaintiff on July 17, 2007 from July 17, 2007 to January 12, 2008; and on August 17, 201 to August 16, 201.

On April 2014, the Plaintiff filed an application for additional injury and disease with the Defendant as “multimodal injury and disease support group” and obtained approval on May 2, 2014, and subsequently obtained approval for the extension of the period of medical care for official duties (from July 15, 2014 to June 26, 2015).

On April 21, 2015, the Plaintiff applied for approval of medical care for official duties to the Defendant on April 21, 2015, on the following grounds: “Consolidated Embrates Embrate (verte)”, “The end of December 2014”, “Seoul Susgu Police Station B District”, and “The treatment period”.

On June 25, 2015, the Defendant rendered a decision not to approve the medical treatment for official duties on the ground that it is difficult to deem that there is a proximate causal relation with the official duties, on the ground that the applicant’s disease was caused or aggravated as of December 25, 2014, considering the following: (a) the Plaintiff’s medical opportunity does not seem to have any medical opportunity to the extent that the applicant’s disease was likely to occur; and (b) the Plaintiff’s application for approval on the extension of the period of medical treatment for official duties was recognized as an additional injury to the medical treatment for official duties on May 7, 2014 through the application for approval on the extension of the period of medical treatment for official duties.

(hereinafter "Disposition in this case"). 【No dispute exists, Gap evidence 1, Eul evidence 1-3 (including provisional number), the purport of the whole pleadings

2. As to the main defense

A. As long as the Plaintiff asserted that the Defendant had already obtained the approval of additional injury and disease in the combined sub-competence group, if the above injury and disease aggravated due to official duty and continued to receive the medical care, the Plaintiff would obtain the approval of the extension of the medical care period, and cannot obtain the approval of the same injury and disease as an official duty, and there is no legal interest to seek the cancellation of the instant disposition.

B. Even if the instant disposition is revoked, the Plaintiff is granted approval for medical treatment for official duties to the combined sub-componsive Embrate (verte).

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