208Guhap47401 Disposition of revoking the revocation of the payment of bereaved family's compensation.

○ ○

Public Official Pension Corporation

May 13, 2009

June 12, 2009

1. The plaintiff's claim is dismissed.

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

The defendant's disposition of paying bereaved family's compensation against the plaintiff on May 14, 2008 shall be revoked.

1. Details of the disposition;

A. On December 24, 2007, the Plaintiff’s husband was serving as the commander of the reserve forces, who is a Class-V civilian military employee in the ○○○○○○○○○○○○ (hereinafter referred to as the “the Deceased”) from among the reserve forces in the Army Headquarters (hereinafter referred to as the “PS”). On December 24, 200, the Plaintiff left the army around 00 and opened at the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, which was the husband of the Plaintiff, to attend a meeting of volunteer work for the restoration of oil outflow in the Yellow Sea (hereinafter referred to as the “instant meeting”) near the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○.

B. Accordingly, the Plaintiff requested the Defendant to pay bereaved family's compensation under the Public Officials Pension Act while the deceased died during the performance of official duties. However, on May 14, 2008, the Defendant rendered a disposition against the Plaintiff to refuse payment on the ground that the deceased's death cannot be deemed as a disaster that occurred during the time when the deceased was moved for non-voluntary activities such as volunteer groups, etc. after leaving his office on the date of the instant accident, or on the ground that the deceased's death does not constitute a disaster in the course of leaving office according to the normal route and method (hereinafter "the instant disposition").

【In the absence of dispute as to the ground of recognition, Gap evidence 1 through 3-1, Gap evidence 3-5, Gap evidence 4-2, Gap evidence 5, 7, Eul evidence 1, 2, and 7 through 10, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The meeting of this case is ○○○ Head, the chief of the Myeon, the chief of the Myeon, the chief of the police station, the chief of the post office, the principal of the school, etc.

The head of the agency in the Myeon regularly discusses regional pending issues once a month and the deceased’s attendance at the above conference is extended to perform official duties. As such, the death of a traffic accident during the deceased’s returning home after completion of this study is a public official’s death during his/her leaving school by normal route and method, and is deemed as an accident on official duties, and thus, it is unlawful for the Defendant to make the instant disposition otherwise reported.

(b) Related statutes;

◆ 공무원연금법

Article 61 (Survivor's Compensation)

(1) A public official who dies while in office due to a disease or injury incurred in performing official duties, or suffers from such disease within three years after retirement.

If a person dies of an injury, his/her bereaved family shall be paid a bereaved family's compensation.

◆ 공무원연금법 시행규칙

Article 14 (Bodily Injury, Death, etc. caused by Accidents During Shipment from Office or in Leave from Office)

Where a public official is injured or died due to a traffic accident, falling accident, or fall accident that occurs in forest land or in the course of returning, or any other accident by normal route and method, it shall be deemed to be an injury or death for official duties.

◆ 향토예비군설치법 시행규칙

Article 12 (Duties, etc. of Commanders)

(1) The commander of the reserve forces shall be the head of the competent military unit and the chief of the police station delegated under Article 8 (2) of the Decree.

The member of the reserve forces under the direction shall be led to and perform the following duties: Provided, That the provisions of Article 3 (4) shall be performed:

In the case of the consolidated commander under the Act, the duties of subparagraphs 1, 2, 6, 7 and 11 shall be performed.

1. Defense of the relevant area or workplace and its preparation;

2. Command of the mobilized members of the reserve forces.

3. Maintenance and management of resources of the organized reserve forces;

4. Maintenance and management of facilities, equipment, and other fixtures;

5. To deliver a notice of mobilization order and a notice of call for training;

6. Monitoring and supervising participants in training;

7. Implementation of education and training of members of a reserve force (limited to cases of delegation);

8. Recommendation on the appointment or appointment of the rank insignias; and

9. Command and supervision of the dispatch full-time reserve service;

10. Rewards and recommendations of its members;

11. Other matters necessary for the operation of the military unit.

(c) Facts of recognition;

(1) The instant meeting is a place under the supervision of the ○○○○○ Association. On the date of the instant accident, ○○○○○ Association, including a net, and ○○○ Do Council members, ○○○ Do Council members, and ○○ Do Council members, including the president, the immediately preceding president, the secretary general, and members, discussed on volunteer work for the restoration of oil outflow from the coast, and the expenses incurred in the instant meeting were borne by the ○○ Do Council.

(2) On the other hand, the deceased belonged to the "○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○

Article 2 (Purpose) The purpose of the plenary session is to promote cooperation between heads of each agency.

(1) Helping regional development through advice on major policies, policies, projects, etc. of the relevant region and publicity for residents.

(2) Each institution and organization at all levels shall consult and endeavor to harmonize and develop with each other.

Article 4 (Qualifications) The members referred to in this subparagraph shall be the heads of the following agencies:

(1) ○○○○○ Head of a Police Station: ① Head of ○○ Elementary Station; ② Head of ○○ Elementary Station; ④ Head of ○○ Elementary School ⑤ Head of ○○ Elementary School; ② Head of ○○○ Postal Post Office 7 Head of ○○○○ Myeon Branch Office 8 Head of ○○○○ Myeon Branch Station.

Article 5 (Admission and Secession of Members)

(1) A plenary session member shall be deemed an automatic withdrawal from his/her transfer or current announcement, and the head of a new agency shall operate except in exceptional

shall be considered as accession.

Article 8 (Types of Meetings) Meetings under this subparagraph shall be classified into annual meetings, extraordinary meetings, and monthly meetings.

Article 9 (General Meeting) The ordinary meeting shall be held in December each year, and the general meeting shall be held in the following manner:

(1) Settlement deliberation. (2) Amendment of regulations and other important matters shall be resolved.

In principle, a member's meeting shall be held once a month through consultation with the member's group: Provided, That where it is inevitable, it may be held without holding the meeting.

Article 15 (Financial Resources) The main finance of the Association shall be operated as membership fees, and the membership fees shall be paid monthly, and the membership fees shall be 120,000 won per annum (per month00 won).

Article 16 (Support) Membership fees of the plenary session shall be used as follows:

(1) When an investigation is conducted, (100,00 won in harmony with the principal, spouse, parents, head, mother)

(2) The assistant inspector shall be determined by the members' meeting.

(3) In cases of the transfer of a member, a memorial association and commemorative plaque shall be presented.

(4) They shall work within the jurisdiction of the Gu. The contribution to commemorative plaques at the time of their retirement and retirement shall be presented.

(5) When deemed necessary other than the above matters.

【Uncontentious facts, Gap’s evidence 3-5, Eul’s evidence 2 through 4, 7, 8, and 12, and the purport of the whole pleadings

D. Determination

(1) In a case where a disaster occurred while participating in an event or a meeting other than those not prescribed as duties for which a public official is ordinarily obligated to engage, if it is intended to recognize it as a disaster for official duties, the overall process of the event or meeting must have the nature of extension of performance of official duties by social norms in light of the circumstances such as the organizer, purpose, contents, number of participants and their forcedness, burden of expenses, etc. of the event or meeting. In addition, in a case where the death of a traffic accident during the retirement from office is deemed as an accident for official duties, the accident must occur while the accident occurred in the course of leaving the place and the place of residence in a timely way and manner, and it shall not be deemed that it constitutes an accident for official duties even if the accident occurred during the performance of private duties (see Supreme Court Decisions 95Nu1085, Sept. 6, 196; 2004Du2042, May 13, 2004).

(2) As to the instant case, the following circumstances revealed in the facts acknowledged as above, namely, the instant meeting was supervised by the ○○○○○○○○○○○○○○○○○ Association, which is a member of the residents of the ○○○○○○○○○ level, and the expenses incurred by the instant meeting are also disbursed at the instant meeting. Matters concerning volunteer service discussed in the mother of the instant case are not directly related to the duties of the commander of the reserve forces performed by the deceased, but do not seem to have been forced to participate in the instant meeting. Further, even if the instant meeting is not a ○○○○○○○○○○○○○○○ Association, which is not a member of the instant meeting, it is difficult to view that the present meeting has the nature of extending a proximate causal relation as an official duty, and thus, it is difficult to view that the present meeting was a member of the instant meeting to have been held during the instant accident and to have not been forced to participate in the instant meeting, and thus, it is difficult to deem that it was a member of the instant meeting during the instant accident.

(3) Therefore, the Plaintiff’s assertion contrary to this is without merit, and the Defendant’s disposition of this case is lawful.

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

Judges Kim Hong-do.

Judges Park Jae-young

Judge Lee Yong-soo