207Gudan6758 Revocation of Disposition of Non-approval for Medical Care for Public Duties

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Public Official Pension Corporation

April 29, 2008

June 17, 2008

1. The Defendant’s disposition of non-approval of medical care for official duties rendered against the Plaintiff on October 25, 2006 shall be revoked.

2. The costs of lawsuit are assessed against the defendant.

The order is as set forth in the text.

1. Details of the disposition;

A. The plaintiff participated in a practice competition (hereinafter referred to as "the sports competition of this case") in preparation for the tugboat of the sports of this case on September 10, 2006, which was scheduled to be held on September 2006 at the 3rd Commissioner General of the Police Police Agency (hereinafter referred to as "the World Police Agency of this case") and participated in a practice competition (hereinafter referred to as "the sports of this case") in preparation for the tugboat of the sports of this case at the 3rd Commissioner of the 3rd Police Agency, which was scheduled to be held on September 2006, and applied for medical care to the defendant on the left-hand side while exceeding 14:30 the sports of this case.

B. On October 25, 2006, the Defendant: (a) was a practice training in preparation for publicity of the instant games; (b) was limited to the players participating in the instant games, which are not all public officials belonging to the relevant agency; and (c) cannot be deemed an official sports event that had been under the control and management of the head of the relevant agency, such as that the subject of participation was not limited to the players participating in the instant games, not all public officials belonging to the relevant agency; and (d) it cannot be deemed as a legitimate sports event that had been under the control and management of the head of the relevant agency, such as that the individual activity could not be deemed to have been forced by training on Sundays; and (e) it is difficult for the Plaintiff to deem that there was a proximate causal relation with public

[Ground of recognition] Unsatisfy, B 4

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

In order to prepare the instant games organized by the Commissioner of the Local Police Agency, the instant games are public events conducted in accordance with the A police station’s own plan and the head of the police station’s mobilization order, which are controlled and managed by the head of the A police station, the head of the agency affiliated with the Plaintiff. Thus, the instant prizes suffered by the Plaintiff at the said stable games constitute an injury in the line of official duty.

(b) Facts of recognition;

(1) On August 2006, the Commissioner General of the National Police Agency (the Commissioner General of the National Police Agency) decided to hold the instant axis competition in order to contribute to the boosting of the morale and the creation of an organizational culture that combines with the boosting of the staff in accordance with the third plan for the police axis of the Commissioner General of the National Police Agency. On the 28th of the same month, the plan was directed to each affiliated police station, including A police station, and its main contents are as follows:

- A tugboat competition: practice by four zones on September 6, 2006, 8, 12, 14 (4 days) and on each of the above dates;

Participating Body: Total 27 teams (Local Offices, 26 Police Stationss)

Qualifications for participation: Police Officers or other public officials in general or technical service at police offices;

The organization of teams: 25 persons for each team (22 players and not more than 3 support personnel).

Less than 30 years of age (including those born after December 31, 76): Three persons.

From 30 to 35 years of age (after December 31, 71, hereinafter referred to as "before December 31, 76"): Eight persons.

A child between the ages of 35 and under 40 (after December 31, 66, referred to as "before December 31, 71"): Seven persons;

At least 40 years of age (the person born before December 31, 200): Four persons.

* Participation in the Games shall include at least four players over 35 years of age (at the time of replacement)

- The mother line: 1 on September 22, 2006, 200, 1 place outside the playground of the Standing Civil Park;

Persons subject to participation: 1, 2, each region;

-Awarding

Roster: 300,000 won of the group commendation, the winner, the winner, and the winner's prize, and the prize money.

Associate Roster: group commendation, Associate Round, 200,000 won for prize money

Joint Three : group commendation, Trop, prize money of 100,000 won;

The Grand Prize: Official Commendation of the Head of the Local Office, Trop (self-Selections from the Roster)

-Administrative matters

The head of each local office and the chief of each police station: In order to promote the morale of employees and create an organizational culture that combines with them, the organization of the means of selecting small employees, the group of players, etc. shall take measures to travel and pay travel expenses.

(2) On September 5, 2006, the chief of the A police station selected 25 players including the plaintiff as players of the above police station, and on September 14, 2006, the third chief of the A police station, through the official letter called "An order of the Commissioner of the 3 B police station's participation plan for the 14th National Police Agency of the same month", shall conduct training (practice) in the area of So-gu, B, B, 12, 13, in preparation for publicity in the fourth region, such as the A police station, etc., B, B, 00-Gu, B during the training period, and shall conduct the above questions in the order of the police station, and each chief of the division and the 3rd chief of the police station shall instruct the aforementioned participating players to the effect that they may not be interested in each individual interest or honorary, and shall prevent the players from participating in the training and resolve their dissatisfactions' complaints in advance, and shall take measures to prevent them from participating in the training and training hours.

(3) Accordingly, A police station players, including the Plaintiff, etc. obtained an additional training plan from each division commander, etc. to adjust working schedule, such as duty exemption from working hours, etc., and conducted a stable training in accordance with the above training plan from September 7, 2006, but there was a lack of drinking hours. On the 8th of the same month, A police station police station police officer, through a prior report to the chief of the police station on the 10th of the same month (day) to 10: 00 to 16:00 of the same month, the Plaintiff et al. obtained the approval of the additional training plan to allow the 112 steering units and 10 steering units of the instant axis and the instant stable match to each division commander, etc., and accordingly, 18 players, including the Plaintiff, etc., participated in the instant festival, and thereby, the Plaintiff et al. suffered more than al., the Plaintiff et al., as seen above.

(4) On the other hand, A police station subsidized the expenses for attending the training period from September 7, 2006 to September 13, 2006, including the date of the instant stable competition, to players, including the Plaintiff, etc. who participated in the said stable practice.

[Ground of recognition] Unsatisfy, Gap 2 through 5, Eul 10, and fact-finding by the chief of A police station

C. Determination

"A disease or injury caused by official duty" under Article 35 (1) of the Public Officials Pension Act refers to a disease or injury caused in connection with the performance of official duty by a public official. The injury related to the performance of official duty includes an accident that occurred in the course of performing a public event, such as a briefing session, but does not include an accident that occurred in the course of private friendship or hobby activities among the members of official duty. The issue of which exercise is a public event is an overall person for the exercise of social norms in light of the overall circumstances such as the organizer, purpose, content, number of participants and their lectures, method of operation, cost burden, etc. of the event.

It should be determined according to whether the process is under the control or management of the institution to which the public official belongs.

However, as seen in the above facts, it was organized by the head of B local police station with the main purpose of boosting the morale of employees in accordance with the third-time competition holding plan of the Commissioner General of the National Police Agency. The qualification for participation is not only a police officer before the police station belonging to the above local government office and a public official in general and technical service. Furthermore, the Commissioner of B Commissioner of the Local Police Agency, upon allowing eight teams to participate in the main sports to be held on September 22, 2006 to be selected through a regional tugboat competition, determined the number and organization of the means of participation, the duration of the tugboat competition, the overall travel of the athletes, and the payment of travel expenses, etc. to the police station within the jurisdiction of the above local police station. Accordingly, the head of A police station, including the plaintiff, was selected as the above police station, and was exempt from the instruction of the head of the above local police station to take measures for the above sports match, such as the above head of the Gu's order to take measures for the above sports team's participation in the above local police station.

Thus, the injury and disease of this case suffered by the plaintiff during the sports games of this case is caused by an injury in the course of performing official duties. Thus, the disposition of this case where the plaintiff's application for medical care was not approved is the above law.

3. Conclusion

Therefore, the Plaintiff’s claim seeking revocation of the instant disposition is accepted.

Judges Kim Jin-type