유족보상금부지급결정처분취소
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal are examined.
In the event that a public official is in a state of being controlled or managed by an institution under social norms in light of the organizer, purpose, contents, number of participants and forcedness of the event or meeting, method of operation, burden of expenses, etc. of the event or meeting, which are not prescribed as duties that normally are not prescribed as duties that the public official is ordinarily responsible for engaging in, if it is deemed that the overall process of the event or meeting was in a state of being controlled or managed by the institution under the social norms,
(2) The lower court determined that the instant disposition was lawful on the ground that the instant training cannot be deemed as being controlled or managed by an institution under generally accepted social norms in light of the following circumstances: (a) the overall process of the instant training, including the Public Educational Officials Act, cannot be deemed as having been in a state of being controlled or managed by the institution; and (b) the instant training cannot be deemed as falling under public duties.
In light of the aforementioned legal principles and records, the judgment of the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.