Accidents and accidents on official duties that occur while a public official is commuting to and from work by a reasonable route and method;

A disaster that occurs while a public official is commuting to and from his/her place of work by a net route and method between his/her residence and his/her place of work in order to perform his/her duties, is a disaster that occurs in connection with the performance of official duties and falls under a disaster

Article 25 of the Public Officials Pension Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Domin, Attorneys Choi Gyeong-soo et al., Counsel for plaintiff-appellant)

Public Official Pension Corporation

Defendant

Seoul Civil District Court Decision 92Na37368 delivered on February 24, 1993

The judgment of the court below is reversed and the case is remanded to the Panel Division of the Seoul Civil Procedure District Court.

We examine the grounds of appeal.

According to the reasoning of the judgment below, the court below acknowledged that the defendant belonging to the non-party permanent resident local railroad office paid KRW 6,99,91,420 to the above non-party on February 21, 1990, the non-party 1 and the non-party 2 on the day-to-day day-time day-of-day day-time day-time day-of-day day-time day-time day-time day-of-day day-day day-of-day day-day day-day day-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si's day-to-day day-day day-time day-time day-time day-time day-time day-time day-time day-time day-time day-time day-time day-time day-time day-to-day day-day day-day day-day day-day day-day day-time day-time day-time day-time day-time day day-day day-day day day day day day-day day day day day day day day day-day day day day-day day day day day day day day-day day-day day day-day day-day day day day day day day day day day day day day day.

However, in order for a public official to work, a disaster that occurred while entering, leaving, and leaving from, a residential area and a place of work by a pure route and method is a disaster that occurred in connection with the performance of official duties and falls under a disaster that occurs in the performance of official duties under the Public Officials Pension Act.

According to the facts in the judgment of the court below and the evidence Nos. 1, 1-2, 7, and 1-2, the defendant, who is the administrative assistant belonging to the permanent local railroad station, shall recognize the fact that the accident of this case occurred while he was operated for Nonparty 1 and Nonparty 2, who is a public official living in the same Dong-si, Dong-dong, Dong-dong, Dong-si, in order to have his home and to work as a permanent local railroad station at around 07:40 on February 21, 1990. If the facts are the same, the non-party 1 and the non-party 2, who is a public official, are suffering from the injury of the accident of this case while serving in the way and manner of the usual route and place of duty on the wing vehicle owned by the defendant, who is a public official of the Dong-dong, due to the injury caused by public service.

The decision of the court below that recognized the facts and judged as above is erroneous in the misunderstanding of legal principles as to public official accidents under the Public Officials Benefit Act. Therefore, the argument that points this out is justified.

Therefore, without examining the remaining grounds of appeal, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices

Justices Park Jong-ho (Presiding Justice)