[1] The case where a disaster that occurred while a public official participated in an event or a meeting that is not prescribed as an ordinary duty can be seen as “the death caused by an official disease or injury” under the former Public Officials Pension Act

[2] In a case where Gap participated in a police station player under the jurisdiction of the Commissioner General of the Korean National Police Agency to select a representative who will participate in the Korean National Police Agency Eduna Games and was injured by a relative player, the case affirming the judgment below that Gap's injury constitutes an occupational injury on the ground that the overall process of the event is an extension of official duties conducted under the control and management of the chief of the police station who is the head of the affiliated agency, and the overall process of the event is an extension of official duties performed under the control and management of the chief of the police agency

[1] Article 61 (1) of the former Public Officials Pension Act (amended by Act No. 905 of Dec. 31, 2009) / [2] Article 61 (1) of the former Public Officials Pension Act (amended by Act No. 9905 of Dec. 31, 2009)

[1] Supreme Court Decision 2008Du13231 Decided November 27, 2008, Supreme Court Decision 2007Du6922 Decided July 9, 2009

Plaintiff

The Public Official Pension Service (former Name: the Public Official Pension Service)

Seoul High Court Decision 2008Nu2363 decided July 10, 2008

The appeal is dismissed. The costs of appeal are assessed against the defendant.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate brief filed after the lapse of its submission period).

Even if a disaster occurred while a public official was participating in an event or a meeting that is not prescribed as duties that normally perform, in light of the circumstances such as the organizer, purpose, contents, number of participants and forcedness, method of operation, burden of expenses, etc. of the event or meeting, when the overall process of the event or meeting is in a state of being controlled or managed by an affiliated agency under the generally accepted social norms, it shall be deemed as “the death caused by a disease or injury in the line of official duty” as prescribed by the former Public Officials Pension Act (amended by Act No. 9905 of Dec. 31, 2009) (see, e.g., Supreme Court Decisions 2008Du13231, Nov. 27, 2008; 2007Du6922, Jul. 9, 2009).

Based on the evidence of employment, the lower court acknowledged that the Plaintiff participated in the 3rd Epic Games that was held by the Commissioner of the Seoul Provincial Police Agency in order to promote friendly and co-operation among its staff members and to select the representatives of the Seoul Provincial Police Agency on the 3rd Epic Games, and was injured by the team of the 3rd Epic Police Station and the match (hereinafter “Epic Games”) around September 8, 2006 while participating in the 11:00 Epic Games, which was held by the Seoul Provincial Police Agency to directly participate in the 3rd Epic Games; the Seoul Provincial Police Agency held that the 1st Epic Games was organized by the head of the Seoul Provincial Police Agency for the purpose of selecting the team representatives of the 1st Epic Games to participate in the 3rd Epic Games and the Seoul Provincial Police Agency for the purpose of selecting the team representatives of the 1st Epic Games and the head of the Seoul Provincial Police Agency for the purpose of selecting the team representatives of the 1st Epic.

In light of the above legal principles and records, the above fact-finding and judgment of the court below are just, and there is no violation of the rules of evidence or misapprehension of legal principles as to the injury caused by official duty, as

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.

Justices Min Il-young (Presiding Justice)