[유족보상금지급가결처분취소][공2000.6.1.(107),1208]
In a case where the Public Official Pension Management Corporation rendered a decision on the application for the payment of bereaved family's compensation to a public official who died in the line of duty, whether the decision on the compensation constitutes an administrative disposition subject to appeal litigation (negative), and whether there is a legal interest to seek the cancellation of the decision (negative)
Where the Public Officials Pension Corporation decided that the application for the payment of bereaved family's compensation to a public official who died in the line of duty constitutes a ground for bereaved family's compensation benefits, and that the reason for the payment was caused by the act committed by a third person who is another public official who is a public official, where the deceased's death falls under the ground for bereaved family's compensation, and that the Do (Do) who is the paying body of benefits would pay bereaved family's compensation to the third party and exercise it within the scope of the payment of insurance money, the decision of "the compensation (within the scope of insurance money)" was made, and the decision of "the compensation (within the scope of insurance money)" was made by the Do which is the paying body of bereaved family's compensation to the bereaved family under Article 33 (2) of the Public Officials Pension Act is merely an internal order of the administrative agency to exercise the right to claim compensation to the third party of the bereaved family naturally acquired by the paying body of bereaved family's compensation, which does not infringe the rights and interests of the bereaved family, and therefore the decision of "Additional" does not have any benefit
Articles 26, 33, 61, and 80 of the former Public Officials Pension Act (Amended by Act No. 5716, Jan. 29, 199); Articles 19-2, 27, 51, and 52 of the former Enforcement Decree of the Public Officials Pension Act (Amended by Presidential Decree No. 16487, Jul. 29, 199); Articles 2 and 12 of the Administrative Litigation Act
Plaintiff 1 and one other
Public Official Pension Corporation
Seoul High Court Decision 97Gu26717 delivered on February 19, 1998
All appeals are dismissed. The costs of appeal are assessed against the plaintiffs.
The grounds of appeal are examined.
Examining the reasoning of the judgment below in light of the records and relevant Acts and subordinate statutes, the judgment of the court below is the decision that the plaintiffs' application for compensation of bereaved families constitutes grounds for compensation for bereaved families' compensation, and that the plaintiffs' death constitutes grounds for compensation for bereaved families' compensation, which the plaintiffs' death constitutes grounds for compensation for bereaved families' compensation, and that the reasons for compensation occurred due to the acts committed by the third party during the performance of official duties, which is the third party, the payment entity of compensation for bereaved families' compensation, and that the plaintiffs' compensation should be paid within the scope of payment of insurance money, and that the decision of compensation (within the scope of insurance money) is "the compensation (within the scope of insurance money)" is the decision of the court below. The decision of "the compensation (within the scope of insurance money)" of this case is the decision of the plaintiffs' compensation for bereaved families, which is naturally acquired pursuant to Article 33 (2) of the Public Officials Pension Act by the payment entity of bereaved families' compensation to the plaintiffs, and therefore, it does not constitute an administrative disposition subject to revocation lawsuit, and there is no violation of legal interest in the plaintiffs.
All of the grounds of appeal cannot be accepted.
Therefore, all appeals are 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.
Justices Song Jin-hun (Presiding Justice)