209Gudan980 Revocation of Disposition of Non-approval for Medical Care in Course of Duties

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Public Official Pension Corporation

November 24, 2009

December 15, 2009

1. On December 29, 2008, the defendant revoked the disposition not to grant medical care to the plaintiff on December 29, 2008.

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

same as the text entry.

1. Details of the disposition;

A. On November 2, 2008, the Plaintiff applied for medical care to the Defendant on December 15, 2008, by taking part in the ○○○○○ World Cup’s 10th sports-based sports-based sports-based sports team player and taking part in the ○○○ Sports-based sports-based sports-based sports-based event and taking part in the ○○○○ Sports-based sports-based sports-related team player attacked by the other team player.

B. On December 29, 2008, the Defendant rendered the instant disposition rejecting the application for medical care on the ground that it cannot be deemed that there is a proximate causal relation between the two branches of the instant case and the official duties, on the ground that the instant disposition was rendered on the ground that it is difficult to deem that there was a substantial causal relation between the two branches of the instant case, on the ground that the instant disposition was rendered on the ground that, in view of the following: (a) the instant sports club did not limit the subject of participation to the public officials belonging to the Plaintiff; and (b) the date on which the instant sports club was held to the public officials of the agency

[Ground of recognition] No. 1, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleading

2. Whether the disposition is lawful;

A. The plaintiff's assertion

The Plaintiff received travel expenses, etc. from the business trip of the ○○ market and participated in the instant festival as the player of the ○○○○○ Team. As such, the Plaintiff’s participation in the instant festival was generally conducted under the control and management of the ○○ market, and thus, the instant injury and injury to official duties constitutes the instant injury, and the instant disposition that the Defendant reported differently is unlawful.

(b) Facts of recognition;

(1) The instant World Cup was held from October 31, 2008 to November 2, 2008 under the support of the ○○○○, etc. and the National Sports Council, etc. Along with the period from October 31, 2008 to November 2, 2008. The instant World Cup consists of public officials belonging to local governments, etc. and among eight teams representing each area.

As the above 8 teams, ○○○○○○○. ○○○○○○○, representing ○○○○○○○○○○○○○, representing the Seoul metropolitan area, ○○○○○○○○○○, representing sovereignty, ○○○○○, representing Busan and South, ○○○○, representing Seoul, ○○○○○, representing ○○○○○○○, representing the South and North of Korea, and ○○○○○○, representing the South and North of Korea, participated.

(2) As ○○○○○ City’s representative team obtains automatic transmission rights in 2008 by winning ○○○ City’s sports-for-all workers’ nationwide sports competitions held in 2007, the ○○○○○○ City announced public relations, mutual exchange with other local governments, and competition with other employees upon participating in the games, etc. on October 21, 2008, by making ○○○○○○○○○○ City’s community team transfer 20 public officials, including the Plaintiff working for the ○○○○ and its affiliated business offices, to select as the number of wire lines, and then sent a list and a request for cooperation with the relevant department, along with the list of participating players.

(3) From 10 days prior to the opening of the ○○ Viewing Team, including the Plaintiff, to participate in the Spanish social club of the instant World Cup, to enable its players to prepare for the participation before the opening of the instant World Cup.

By the day prior to the day on which the exercise is held, it was possible to practice at the ○○ City General Athletics, etc. for three hours during the daily working hours.

(4) The ○○○ Viewing side made a business trip from October 31, 2008 to November 2, 2008, which is the period for holding the instant games so that players, including the Plaintiff, participating in the instant ○○ Viewing Team, may participate in the instant games, and paid travel expenses to the participating players. Moreover, the ○ ○ Viewing side supported the necessary expenses, such as bus rental, etc. needed before the departure.

(5) On November 2, 2008, the Plaintiff, as ○○○○○ Team player, was present at the Spanish social club of the instant World Cup, and was faced with the instant injury and disease of the other team player while participating in ○○ Team and the match.

[Ground of recognition] 1, 2, 6 through 8, and 11 of evidence Nos. 3, 4, and 10 of evidence Nos. 3, 4, and 10 of evidence Nos. 3, 6 through 8, and the fact-finding results of this court's fact-finding on ○○ Market,

C. Determination

Where a public official leaves his/her workplace and is going to a business trip, he/she shall be held responsible for the head of the agency to which he/she belongs comprehensively in terms of whether he/she performs his/her duties or the method thereof. Thus, during a business trip is naturally subject to the control of the head of the agency to which he/she belongs, unless there are special circumstances, such as arbitrary acts within the scope of the business trip or private acts, etc., i.e., the overall process of the business trip is subject to the control of the head of the agency to which he/she belongs (see Supreme Court Decision 205Du5185, Mar. 24, 200

According to the above facts, although ○○ City was organized by a non-governmental organization, it can be said that ○○ City moved the ○○○○○ Team to the Spanish social team of the instant games, which is a game among the public officials belonging to other local governments, etc. for the purpose of public relations of ○○ City and mutual exchange with other local governments, and that ○○○○○ Team was selected as a cable, and the Plaintiff, etc. was given due consideration to the place of practice and the hours of practice, etc. in preparation for the passage of the cable, and provided travel expenses and required expenses so that the Plaintiff participated in the ○○ Games of this case. Thus, the Plaintiff’s participation in the ○○ City was an act during the business trip under the control of the ○○ City, the head of which belongs to the Plaintiff, and constitutes an act within the scope of a business trip or through a business trip, and thus, it can be recognized as an act within the scope of official business performance.

Therefore, it is reasonable to view that the injury and disease of this case, which the plaintiff participated in the sports of this case while participating in the sports of this case, constituted an occupational accident. Thus, the wife of this case, which the defendant reported differently, is unlawful.

3. Conclusion

Thus, the plaintiff's claim seeking the cancellation of the disposition of this case is justified and accepted.

Judges OOO -