유족보상금지급청구부지급결정취소
1. The Defendant’s disposition of compensation for survivors’ compensation against the Plaintiff on September 23, 2015 is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. The deceased B (hereinafter “the deceased”) was appointed as a police official on January 16, 198 and served as C in the Jeonnam Provincial Police Agency from January 16, 2015.
B. Around 03:54 on June 15, 2015, the Deceased driven D SM5 car and stopped at the middle of 1st and 2nd two-lanes after the he stopped on the side-lanes, while driving on the motorway near the Cheong-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si
At around 03:58 on the same day, the Deceased died due to cage cages and scarf damage at the site of the accident.
(hereinafter referred to as “instant disaster”). C.
On September 23, 2015, the Plaintiff, who was the wife of the deceased, claimed compensation for survivors to the Defendant, but the Defendant rendered a decision on the compensation for survivors’ compensation (hereinafter “instant disposition”) on September 23, 2015 on the ground that there is no causation between the death of the deceased and his official duties.
[Ground of recognition] Facts without dispute, Gap evidence 1-1-4, Gap evidence 5, the whole purport of the pleading
2. The Plaintiff’s assertion that the deceased suffered from the instant accident while serving at his own home located in Kimhae-si as the Jeonnam Provincial Police Agency, which was working at his own home, and thus, the deceased’s death constitutes an accident on official duty.
Nevertheless, the instant disposition rejecting compensation for bereaved families is unlawful.
3. Determination
A. The relevant legal doctrine refers to a disaster that occurred on official duty, which constitutes a requirement for the payment of bereaved family’s compensation as prescribed by Article 61(1) of the former Public Officials Pension Act (amended by Act No. 13387, Jun. 22, 2015; hereinafter the same) or where a public official died of an injury or injury caused to official duty. The disaster that occurred during his/her commuting to and from his/her residence and place of work by normal route and method is a disaster that occurred in connection with the performance of official duties.