2014Guhap69444 The revocation of revocation of the refusal to pay survivors of public officials who died on duty

○ Kim

Seo-gu Incheon Cheongrobro

Attorney Park Young-dong, Counsel for the plaintiff-appellant

Minister of Security and Public Administration

A person who is a non-resident of a litigation performer

August 22, 2014

October 1, 2014

1. On February 5, 2014, the Defendant’s refusal to pay benefits to the Plaintiff on February 5, 2014 is 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’s husband’s husband’s leap ○○ (hereinafter “the Deceased”) was appointed as a policeman on December 12, 1989, and was transferred to the police on August 21, 1995, to the police officer on September 1, 2003, to the slope on September 1, 2003, and to the promotion on September 1, 201.

B. On April 26, 2013: (a) around 17, the deceased moved from the staff on the part of the innju-gun Office to a local road 98 odic Madon-ro, To a 1stmn Madon-ro, Madon-do; and (b) thus, the deceased’s movement to a road is likely to cause a traffic accident. (c) At around 21:29, upon receiving a request, called the road to be called to the above site and take measures; (d) while crossing the road at around 21:40, the deceased moved to the hospital due to the shock of the vehicle that was going toward the direction of a bifd on both sides at around 21:40, but was immediately killed (hereinafter “the instant accident”).

C. Although the Plaintiff requested the Defendant to pay compensation for survivors of public officials who died on duty, the Plaintiff’s council of examiners of public officials who died on duty as a member of the Defendant decided to dismiss the request on January 28, 2014, and the said decision was notified to the Plaintiff on February 5, 2014 (hereinafter “instant disposition”).

【Uncontentious facts, Gap evidence 1, Gap evidence 2-1, Gap evidence 4-1, 2-2, Gap evidence 5-1, 2, Eul evidence 5-2, and Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

Article 3(1)2 of the Public Officials Pension Act (hereinafter “Act”) provides that a police officer shall be deemed a public official who died on duty when he/she was performing traffic control and prevention of danger and injury, at the risk of causing high risk to his/her life and body. However, in light of the content of his/her duties as a police officer, and the road situation at the time of the measure, the deceased died while performing his/her duties at the risk of causing high risk to his/her life and body. As such, the deceased shall be deemed a public official who died on duty on duty while performing his/her duties at the risk of causing high risk to his/her body. As such, the Defendant is obligated to pay the deceased’s survivors’ pension or bereaved family members of his/her bereaved family to the deceased who died on duty.

(b) Relevant statutes;

As shown in the attached Form.

C. Facts of recognition

1) On-site conditions at the time of the instant accident are as follows (as for vehicles Ma1, and as for vehicles Ma2, Ma2, the Deceased).

A person shall be appointed.

2) With respect to the instant accident, the Gyeonggi Police Station’s report on the investigation results drawn up on May 25, 2013 at the Gyeonggi Police Station as follows.

A person shall be appointed.

3) If part of the statement from May 7, 2013, 201, which was written by the defendant, is extracted, it is as follows.

4) If part of the written statement of ○○○○ on April 26, 2013 is extracted, it shall be as follows:

A person shall be appointed.

5) Part of the cases of granting a claim for survivors’ pension (compensation) from the deceased on duty under the Defendant’s Compensation Deliberation Committee is as follows.

A person shall be appointed.

A person shall be appointed.

【Unsatisfyal grounds for recognition】In the absence of dispute, Gap evidence 2-2, Eul evidence 6-1, 2, Eul evidence 1, Eul evidence 2-1, 2, Eul evidence 3, Eul evidence 6-1 through 3, Eul evidence 7, 8, 9, and the purport of the whole pleadings

D. Determination

1) According to Article 3(1)2(b) of the Act, if a police officer suffered danger and injury at the risk of carrying out traffic control and prevention of danger and injury under Article 2(4) of the Act on the Performance of Duties by Police Officers at the risk of carrying out a high level of examination on his/her life and body, and died as a direct cause of such danger and injury, the police officer constitutes a

2) In light of the following circumstances revealed in light of the overall purport of the evidence presented above, it is reasonable to view that the deceased constitutes a public official who died on duty as prescribed in Article 3(1)2 (b) of the Act.

A) The Plaintiff’s duty to take measures for the transportation of scrapers injured at the time of the instant accident constitutes the duty to prevent traffic hazards under Article 3(1)2 (b) of the Act in order to prevent traffic hazards that may occur in the course of smoking or railwaying sludge used on a road by a vehicle in transit.

B) The instant accident site is a local road of one-lane surrounded by mountain, which is at the speed of 60 km. The speed of the instant accident is 60 km. Since the trees and rocks were left behind both sides and the street is not installed, it was very fast at the time of the instant accident. The time when the Deceased arrived at the instant accident site for the deceased's moving of Gorain is 21:29, the time when he was immediately 21:29, while the police officer took the moving measures of Gorara, he was coming to the police officer from Gora who was on the flab, and the instant accident occurred from the flab to the flab. In order to ensure that the head of the instant vehicle was at the night, it seems difficult for the deceased and the flab police officer to be aware of the traffic progress, and the vehicle was not at the time of the accident in light of the situation where the deceased and the police officer did not know that it was at the night.

C) The case where the Defendant’s Compensation Deliberation Committee’s death on duty recognized as a public official who died on duty at the risk of causing high risk to his life and body, and paid the case to the public official who died on duty. ① In a case where the instant accident was caused by collision with another vehicle while driving the signal, ② in a case where the instant accident was caused by the collision with another vehicle while driving the signal, ③ in the front of the apartment, the instant accident occurred when the vehicle was transported to the area where the vehicle was rapidly traveling on the road without stopping at night, compared with the foregoing cases, it is difficult to view that the degree of danger or predictability of the instant accident is less likely than the accident occurred in the course of traffic control duties performed by the police officer.

D) The Defendant asserts that it cannot be recognized as a public official who died on duty, on the ground that he was negligent in not taking a light bomb and signal bomb on the deceased. However, the legislative intent of the relevant provisions, including the language and text of Article 3(1)2 of the Act, and the above provision, is to strengthen the compensation for the bereaved family members of the deceased who died while performing duties, such as arresting an offender, extinguishing fire, and life-saving operations, so that the bereaved family members of the deceased who died on duty can lead a stable life by strengthening the compensation for the bereaved family members of the deceased who died on duty, and to enable the public official engaged in dangerous duties to be able to be able to perform their duties in mind and in full view of the fact that, at the time of the occurrence of the danger, the public official was performing the duties that cause serious danger to the life and body of the deceased at the time of the occurrence of the danger, and in the event of the death due to the actual occurrence of the danger, even if there was negligence in the course of performing

Considering the circumstances after the instant accident and the time when the deceased arrived at the scene of the accident, the time when the accident occurred, and the fact that the police officer, who taken the signal wing, was an accident, the deceased’s failure to install a safety device at the time of the death, etc. cannot be deemed as a major cause for the occurrence of the accident. The Defendant’s assertion is without merit.

3) Therefore, the instant disposition rejecting a bereaved family member’s claim for the payment of benefits on duty did not recognize the deceased as a public official who died on duty, was unlawful.

3. Conclusion

If so, the plaintiff's claim is reasonable, and it is decided as per the disposition.

Judge Lee Sung-soo

Judgment Notarial decoration;

Judges Kim Tae-hee

Site of separate sheet

Related Acts and subordinate statutes

▣ 공무원연금법

Article 3 (Definitions)

(1) The terms used in this Act shall be defined as follows:

1. The term "public official" means any of the following persons who serve full-time in a public service job:

(a) A public official under the State Public Officials Act, the Local Public Officials Act, or other Acts: Provided, That military personnel and election shall be held;

Any public official who assumes office shall be excluded.

(c) Other employees of the State or local governments prescribed by Presidential Decree.

2. The term "public official who died on duty" means a public official who falls under subparagraph 1 and died of a cause directly resulting from an injury sustained as set forth in any of the following items on duty at risk of causing severe danger to his/her life and body: Provided, That any public official who died of a disease incurred in performing duties, not directly resulting from an injury set forth in any of the following items, shall be excluded herefrom:

(a) Any injury incurred by a police officer or investigative officer in locating a criminal or suspect;

(b) Any injury incurred by a police officer in performing guard duties defined in subparagraph 3 of Article 2 of the Act on the Performance of Duties by Police Officers, security escort of important persons (person) and counter-terrorism operations, and any injury incurred in conducting traffic control and traffic injury prevention under subparagraph 5 of the same Article;

(c) Any injury incurred by a counterterrorism special force soldier belonging to the National Police Agency or the Korea Coast Guard in performing his/her duties;

(d) Any injury incurred by a fire officer, in extinguishing fires or rescuing people in a disaster area (including emergency mobilization and return for the said purposes and activities incidental thereto) or in performing other dangerous duties corresponding thereto;

(e) Any injury incurred by a public official placed in a disaster area in extinguishing lives, defending against floods, or conducting salvage operations (including emergency mobilization and return for the said purposes and activities incidental thereto) pursuant to the Framework Act on the Management of Disasters and Safety;

(f) Any injury incurred by a staff member of the Presidential Security Service in performing guard duty under the Presidential Security Act;

(g) Any injury incurred by a staff member of the National Intelligence Service in arresting a counter-espionage;

(h) Any injury incurred by a correctional officer in performing a duty of safe guard in a situation falling under any of the subparagraphs of Article 101 (1) of the Administration and Treatment of Correctional Institution Inmates Act;

(i) Any injury incurred by a public official in performing duties to treat patients of an infectious disease or to prevent the spread of an infectious disease under the Infectious Disease Control and Prevention Act;

(j) Any injury incurred by a pilot of a forest aviation helicopter in extinguishing forest fires (including emergency mobilization and return for the said purposes and activities incidental thereto);

(k) Any injury incurred by a public official mobilized to extinguish a forest fire under Article 39 (1) of the Forest Protection Act;

(l) Any injury incurred by a public official in performing duties to protect nationals of the Republic of Korea or to cope with an accident when a natural disaster, war, belligerency, riot, kidnapping, terrorist infectious disease, etc. occurs outside of Korea;

(m) Other injury incurred in performing a dangerous duty acknowledged by the Line of Duty Death Compensation Review Committee referred to in Article 75-2 as equivalent to an injury set forth in any of items (a) through (l);

Article 56 (Survivor's Pension, Survivor's Pension Benefits, Survivor's Pension Benefits, Survivor's Pension Benefits, and Survivors' Pension on Duty)

(4) A bereaved family member of a public official who died on duty shall be paid.

Article 57 (Amount of Survivors' Pension, Survivor's Pension Benefits, Survivor's Pension Benefits, Survivor's Pension Benefits, or Survivors' Pension on Duty)

(5) A survivors' pension for public officials who died on duty who have served for less than 20 years shall be the amount equivalent to 3575/10,000 of the standard monthly income as at the time of death, and in cases of public officials who died on duty who have served for not less than 20 years, the amount equivalent to 4225/10

Article 61 (Survivor's Compensation for Public Officials who Died on Duty and Survivors' Compensation)

(3) A bereaved family member of the public official who died on duty shall be paid compensation for bereaved family members of the public official who died on duty in a lump sum.

(4) Survivors' compensation for public officials who died on duty shall be an amount equivalent to 442/10 of the average amount of standard monthly incomes of all public officials: Provided, That compensation for survivors of public officials who died on duty who died on duty after being reduced to be incurred in performing counter-espionage operations among the injuries under Article 3 (1) 2 (b), shall be an amount equivalent to 57/10 of the average amount of standard monthly incomes of all public

▣ 경찰관직무집행법

Article 2 (Scope of Duties)

Police officers shall perform the following duties:

5. Traffic control and prevention of danger and injury to traffic;

▣ 국가유공자 등 예우 및 지원에 관한 법률

Article 4 (Persons of Distinguished Service to State)

(1) Persons who have rendered distinguished services to the State, their bereaved family members or family members (including persons specified by any other Act as eligible for honorable treatment, etc. under this Act) falling under any of the following subparagraphs shall be entitled to honorable treatment under

5. Soldiers or police officers killed in the line of duty (including soldiers or police officers killed in the line of duty): Soldiers, police officers or fire officers killed in the line of duty or during education and training directly related to the national defense and security, or the protection of the lives and property of the people (including persons who died of a disease);

14. Public Official who died on Duty: A public official (excluding soldiers and police officers) under Article 2 of the State Public Officials Act and Article 2 of the Local Public Officials Act, or an employee prescribed by Presidential Decree who was ordinarily engaged in public service in the State or a local government, who died in the course of performing his/her duty or having received education directly related to the protection of the lives and property of the people (including a person who died of a disease), end.