2016Gudan8511 Persons of Distinguished Service to the State (persons who died on Duty) shall request revocation of the disposition of refusal of registration.

1. 1

si

A person shall be appointed.

Tit

[Defendant-Appellant] Plaintiff 1

0. Commissioner of the Veterans Branch Office

Government Law Firm Corporation (Attorney Park Jae-soo)

January 18, 2017

March 8, 2017

1. On June 30, 2015, the Defendant’s refusal disposition against each of the Plaintiffs (a person who died on duty) by bereaved family members of a person who rendered distinguished services to the State (a person who died on duty) 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. All teachers who work in 00-person A, 00 networks B, 00 networks B, 00 networks C, 00 networks C, 00 networks D (hereinafter referred to as “the Deceased”) of the Plaintiff (hereinafter referred to as “the Deceased”) are teachers who work in 00 high schools.

B. On April 16, 2014, when the Deceased was on board a 00-year passenger ship with 00-year students of 00 high schools, and was on board a 00-day passenger ship with 00-day 3-day 4-day 00 travel, the Deceased died on April 16, 2014 at 00 :58:00,000 North 00 North 1.8 nautical miles (hereinafter “the instant accident”).

C. Around June 2014, the Plaintiffs filed an application for a survivors’ pension on duty with the Public Official Pension Service, and the deceased’s death compensation council rendered a decision to accept the claim for the payment of the survivors’ pension (compensation) on July 23, 2014 against the deceased on the ground that the deceased constitutes a public official who died on duty under Article 3(1)2 of the former Public Officials Pension Act (Amended by Act No. 13927, Jan. 27, 2016; hereinafter the same shall apply).

D. On June 30, 2014, the plaintiffs separately issued an application for registration of each person of distinguished service to the defendant, and on February 6, 2015, the plaintiffs issued each decision to the defendant that the deceased registered as a bereaved family member of the deceased who died on duty or on duty as a bereaved family member of the deceased on the ground that the deceased constitutes "the deceased who died on duty" under Article 4 (1) 5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State (hereinafter referred to as "the Act on Persons of Distinguished Service to the State") and the deceased registered as a bereaved family member of the deceased who died on duty or on duty (each of the above decisions included a rejection disposition against the application for registration of bereaved family members of the plaintiffs on duty or on duty; hereinafter referred to as "disposition of this case").

E. On September 30, 2015, the Plaintiffs dissatisfied with the request for each administrative appeal to the Central Administrative Appeals Commission, but all of the appeals were dismissed on June 21, 2016.

[Ground of recognition] The purport of the whole of the arguments, as described in Gap 1 to 3, Eul 1 to 4 (including each number);

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

In an imminent disaster where 00 No. 1, the deceased died while conducting rescue activities for leading students, and thus, the requirements for public officials killed or wounded on duty and public officials on duty under the Act on Persons of Distinguished Service to the State are substantially the same in addition to the difference in status. In the case of public officials killed or wounded on duty at risk of causing high risk to their lives and bodies, the legislative intent of Article 87-2 of the Public Officials Pension Act, which is considered or deemed as having been killed or wounded on duty under the Act on Persons of Distinguished Service to the State, and the necessity of proper treatment for senior citizens who are in charge of the rescue of students, and the equality with civilian doctors, etc., the defendant's disposition of this case is erroneous in the misapprehension of laws and regulations on whether they fall under the category of persons of distinguished service to the State under the Act on Persons of Distinguished Service to the State and thus has abused discretion.

(b) Relevant statutes;

As shown in the attached Form.

(c) Facts of recognition;

1) All of the Deceased were 00 high school teachers, and the network A was 00-year 00, the network B was 00-year 00, the network C was 00-year 00, the network D was 00-year 00, and the network D was 00-year 00-year 00, the students were led to 00-year 00, the passenger ship at the Incheon port, and died in all of the instant accidents.

2) At the time of the instant accident, in the case of the deceased, the phone call with his mother was cut down, and the phone text message sent to his male-child was opened, and the contact was opened, and according to the testimony and press of the surviving students and the media, “a student is not opened with a life jackets,” she continuously sent the above deceased’s 3th floor of 00th floor and sent the message “a life jackets,” and “a student’s body was able to see the above 5th floor of the body of the deceased,” but the above 5th floor of the deceased’s body was found to be 1st and 4th floor of the deceased’s body.

3) In the case of the network B, according to the testimony and press report of the surviving students, etc., the deceased returned to the place of a guest room as well as the club teacher even in the situation where the sea water, which was called “on-way to the school students at the time,” referring to the “on-way to the school students at the time,” and conducted rescue activities. The deceased left a letter “from the SNS to the school students and going back to the school students.” The deceased 5th floor of the “00” which was easy to rescue.

B. As above, the body of the deceased was found on April 17, 2014 in a state where the life jackets was not located near the ship.

4) According to the testimony and press report, etc. of a surviving student, the deceased was found on May 5, 2014 that he/she was able to escape from the deck entrance, and he/she was able to kill and kill the students even if he/she died, and she went back to the ship that he/she again gets out of the water. On the third floor of the road, she tried to constitutionally guide the method of putting life jackets to students into the ship, she was going together with the school teacher, and she was able to walk up to the students. The body of the deceased was found with the students on May 5, 2014 at the three sides of the central seat of the fourth players of the fourth-story school of the students.

5) According to the testimony, press report, etc. of a surviving student, the deceased entered the deck entrance and escaped from him/her, despite the opportunity to escape, again entered the ship with water obtained, and where he/she was informed that he/she would not have a large number of vessels easily seated, and that he/she would be able to cope with the students with it. On May 14, 2014, the body of the deceased was discovered on one side of the fourth player seat of his/her school, a student, with life jackets.

6) As seen earlier, on the application of the Plaintiffs’ survivors’ pension for death on the ground that it is recognized that the deceased’s death examination committee under the Public Official Pension Service is the direct cause of the injury that the deceased sustained while performing his/her duties that may cause high risk to his/her life and body.

[Reasons for Recognition] Further to the evidence mentioned above, Gap 11's statements and the purport of the whole pleading

D. Determination

1) Relevant statutes and legal principles

Article 4(1) of the Act on the Persons of Distinguished Services to the State provides that "Any person who has rendered distinguished services to the State, his/her bereaved family members, family members, etc. (referring to persons who are provided for by other Acts to obtain honorable treatment, etc. under this Act) shall be entitled to honorable treatment under this Act." Article 4(1)5(a) provides that "any person who has died in the line of duty or during education and training (including any person who died of disease; hereinafter the same shall apply) directly related to the protection and security of the State, or the protection of the lives and property of the people, as military personnel, police officers, or fire officers, shall be defined as "any person who died in the line of duty or on duty or has been suffering from any danger or disaster, such as the provision of Table 1] 2-1 through 2-8 of the Enforcement Decree of the Act on the Persons of Distinguished Services to the State, and subparagraph 2 of attached Table 2 provides that "any person who died or has been suffering from any danger or disaster in the area of the State's safety or disaster."

The term "public official who died on duty" in subparagraph 2 of Article 1 of the Act means a public official who died on duty at the risk of causing injuries falling under any of the following items and who died on duty at the risk of causing harm to his/her life and body. The term "public official who died on duty" in Article 75-2 shall be defined as "B," and Article 87-2 shall be defined as "where the public official died on duty or his/her bereaved family members died on duty at the risk of causing harm to his/her life and body" in Article 4 (1) 5 of the Act on Persons who died on duty and his/her bereaved family members died on duty, and the term "public official who died on duty at the risk of causing harm to his/her body" in Article 7 of the same Act shall be defined as "public official who died on duty at the risk of causing harm to his/her body" in Article 4 (1) 2 of the same Act and "public official who died on duty at the risk of death on duty" in Article 13927 of the Public Officials Pension Act:

In full view of the provisions of the above relevant Acts and subordinate statutes, if a general public official died while performing rescue activities to protect the national defense and security, or to protect the lives and property of the people in a special disaster or emergency situation, the general public official died while performing ordinary military personnel, police officers, or fire officers are in danger to the lives and property of the people, then Article 3(1)3 and [Attachment Table 1] 2-2-1(d) of the Enforcement Decree of the Act on the Persons of Distinguished Service to the State for any public official who died on duty (excluding military personnel, police officers, and fire officers who died on dangerous duty under the amended Public Officials Pension Act).

A person who died during the action corresponding thereto shall be deemed as a person who falls under the category, and shall be determined as a soldier or policeman who died on duty under Article 4 (1) 5 of the Act on Persons of Distinguish

2) In the instant case:

In full view of the circumstances revealed through the facts acknowledged earlier in accordance with the relevant Acts and subordinate statutes and legal principles as seen earlier, in the case of the deceased who died while conducting rescue activities for the students under the “00, sunken at the time of the instant accident”, Article 3(1)3 and [Attachment Table 1] 2-2-1(d) of the Enforcement Decree of the Act on Persons of Distinguished Services to the State, and who falls under Article 4(1)5 of the Act on Persons of Distinguished Services to the State, shall be deemed as the deceased who died on duty as stipulated in Article 4(1)5 of the Act on Persons of Distinguished Services to the State.

○ At the time of the instant accident, the Deceased presumed that the sunken vessel at the time of the instant accident: (a) had a student wear his life jackets or a life jackets, the number of which is insufficient compared to the number of students; (b) in the case of the net C and D teachers, even though it was possible to escape from the deck on the deck and the ship, sea water again was lowered down under the vessel on the deck and did not go back, and was killed with the student while continuing to conduct rescue activities for the students; and (c) the Deceased was killed. The Deceased was a duty directly related to the protection of the students’ life and property, and was directly connected to the students’ life and body, and was killed while performing duties contrary to high risk to ordinary military personnel or police and fire-fighting officials’ lives and body.

Article 4(1)5(a) of the Act on Persons of Distinguished Services to the State defines “A person who died in the line of duty or during education and training directly related to the protection of national defense and security or the protection of the lives and property of the people as a soldier or police officer who was killed in action or on duty.” Thus, for a soldier or police officer to be killed in action or on duty, the status as a soldier, police officer, or fire officer seems to be necessarily necessary, but the status as a soldier, police officer, or fire officer appears to be - 2-1 of Article 3(1)3 and [Attachment Table 1] of the Enforcement Decree of the Act on Persons of Distinguished Services to the State, which set the criteria and scope for specific requirements for persons of distinguished service to the State, shall be examined (including civilian employees in military service), police officers, and defense officers, while taking care of their duties as public officials (excluding military personnel, police officers, and fire officers) who died in the line of duty, such as disaster management, etc. directly related to the protection of the lives and property of the people, or other similar acts.”

As seen earlier, Article 3 subparag. 2 of the former Public Officials Pension Act changed the name of “public officials who died on dangerous duty” to “public officials who died on duty,” and Article 3 subparag. 2-2 of the former Public Officials Pension Act separately introduced the concept of “public officials who died on dangerous duty,” whereas Article 87-2 of the former Public Officials Pension Act provides that “the name of “public officials who died on duty (the amended Public Officials Pension Act changed to the name of “public officials on dangerous duty”) and their bereaved family members shall be deemed as deceased on duty and their bereaved family members under the same Act, and the registration and determination of persons who died on duty on duty shall be deemed as deceased on duty under the same Act, and the purport of the aforementioned provision is to protect the public officials’ lives and surviving family members under the Act on the Compensation for Persons who died on Duty at a higher level than that of the public officials on dangerous duty under the same Act.” In light of the legislative purport of the former Public Officials Pension Act, it shall be deemed that the aforementioned provision is a high level of danger to be enacted or abolished.”

In the case of high school teachers such as the deceased, it cannot be interpreted that they have the legal obligation to rescue students while performing the duty of protection, supervision, or study under Article 755 of the Civil Act. It is reasonable to give honorable treatment to the soldiers, police officers, or fire officers who died while performing their duty of direct connection with the protection and security of the State or the protection of the people’s lives and property.

In light of the case acknowledged by the Minister of Patriots and Veterans Affairs as a soldier, police officer, or fire-fighting officer from January 2006 to September 201, the Minister of Patriots and Veterans Affairs, when he/she was a public official of the Korea Forest Service who was a soldier, police officer, or fire-fighting officer, and returned to a helicopter after completing extinguishing a helicopter, training for extinguishing a forest fire, or flying a forest fire on a forest fire, where he/she died of a helicopter due to a fall accident during the takeoff and landing of an aircraft (eight cases), ② Air Force civilian military employee, who was a public official in charge of local government, was killed in a fall accident during the take-off and landing of an aircraft (one case). The case held that it is difficult to view the accident as a public official as a public official in charge of local government witness at an underground pumps site during the examination and died during life-saving activities, even if the accident in question was an emergency to a teacher not engaged in ordinary risk work, making it difficult to see the degree of danger and injury to students in light of their lives and body.

In order for the Defendant to be a soldier or policeman on duty under the Act on the Persons of Distinguished Services to the State, the purpose of his duties lies in protecting the national defense and security or the lives and property of the people, or in danger of continuous and repeated exposure to the high level of life and body. It is reasonable to grant the honorable treatment and benefits to the soldiers, police officers, fire-fighting officers, etc. who are engaged in such dangerous duties, but the purpose of the pertinent public official’s duties is not to protect the national defense, security, or the lives and property of the people, but to protect the lives and property of the people on a regular and regular basis, and to grant the honorable treatment and benefits of the soldier or policeman on duty who died while performing such dangerous duties in special disaster circumstances, even though they are not ordinarily and ordinarily engaged in such dangerous duties, it cannot be deemed that the concept and system of the soldier or policeman on duty under the existing Acts and subordinate statutes of the persons of distinguished services to the State is harming, or that there is a violation of equity in the work and the recognition of the soldier or policeman on duty.

In the case of the public official who died on duty, etc., the head of the agency shall verify the relevant facts and notify the Minister of Patriots and Veterans Affairs of the facts related to the requirements for a person who died on duty, together with the materials proving such facts, and it is not bound by the Minister of Patriots and Veterans Affairs or the Minister of Patriots and Veterans Affairs, and shall consider the relevant materials notified (see Supreme Court Decision 92Nu14762, Jun. 29, 1993). However, as seen above, there is room to recognize that the Act on the Persons of Distinguished Services to the State and its Enforcement Decree as a soldier or policeman on duty may be recognized as a soldier or policeman on duty, and in light of the purport of Article 11 of the repealed Act and Article 87-2 of the former Public Officials of the Public Officials Pension Act and Article 87-2 of the former Public Officials of the Public Officials Pension Act and the same purport of the amended Public Officials of the same Act, there is a high level of legal basis for treating the public official who died on duty as a soldier or policeman on duty.

E. Sub-committee

Therefore, the plaintiffs' assertion is reasonable, and the disposition of this case is erroneous in the misapprehension of laws and regulations on the dismissal of soldiers or soldiers who died on duty under the Act on Persons of Distinguished Services to the State, thereby deviating from and abusing the scope of discretion.

3. Conclusion

It is decided as per Disposition by accepting the plaintiffs' claims.

Judges Kim Kang-dae

Relevant statutes

▣ 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. provided for in this Act) falling under any of the following subparagraphs shall be entitled to honorable treatment under this

5. Soldiers or police officers killed in the line of duty: Military personnel, police officers, or fire-fighting officers of the State's defense and security, or the lives of nationals;

A person who died in the course of performing duties or education and training directly related to the protection of property (a disease);

(including a deceased person)

14. Public officials who died on duty: Public officials (military personnel and police officers) under Article 2 of the State Public Officials Act and Article 2 of the Local Public Officials Act;

The President who ordinarily engages in public service in a State agency or local government (excluding public officials in charge) and the State or local government;

employee prescribed by Ordinance and directly related to the protection of the lives and property of the people;

(b) A person who died of a disease during education and training (including a person who died of disease)

(2) Detailed criteria for whether a person meets the requirements for persons who have rendered distinguished services to the State and the scope thereof under paragraph (1) 3 through 6, 14 and 15 shall be prescribed by Presidential Decree, comprehensively taking into account the following matters, etc.:

1. Scope of combat action or other performance of duties corresponding thereto;

2. Regarding the performance of duties or education and training and the protection of national defense and security, or the protection of people's lives and property:

Degree

3. The reasons why he/she was killed or wounded (including diseases), and the existence and extent of his/her negligence;

▣ 국가유공자 등 예우 및 지원에 관한 법률 시행령

Article 3 (Standards and Scope of Requirements for Persons of Distinguished Service to State)

(1) The standards and scope of persons who have rendered distinguished services to the State under Article 4 (2) of the Act shall be as follows:

3. Persons falling under Article 4 (1) 5 and 14 of the Act: up to 2-2 of subparagraph 2-1 through 2-8 of attached Table 1;

deceased persons who fall under any of the following subparagraphs:

[Attachment 1]

Criteria for and scope of persons who have rendered distinguished services to the State (Article 3 related thereto)

2. A person who has died or was wounded in the course of performing duties or education and training directly related to the defense or security of the State, or the protection of the lives and property of the people (including a person who has caused a disease or has caused a disease due to a performance of duties or education and training directly related to national defense or security, or the protection of the lives and property of the people);

A person shall be appointed.

▣ 구 공무원연금법 ( 2016 . 1 . 27 . 법률 제13927호로 개정되기 전의 것 )

Article 3 (Definitions)

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

2. The term "public official who died on duty" means a public official falling under subparagraph 1 and who suffers a high risk to his/her life and body;

Any injury incurred in performing his/her duties at risk and resulting in any of the following injury:

(a) The term "public official who died as a direct cause" means a public official who died: Provided, That any of the following causes:

Any public official who died of a disease not directly causing the danger or injury, except for those who died of an official disease.

(c)

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

(b) Guard guards, security guards and counter-espionages defined in subparagraph 3 of Article 2 of the Act on the Performance of Duties by Police Officers;

Any injury incurred in the course of performing counter-terrorism operations and traffic control and traffic damage under subparagraph 5 of the same Article;

injury incurred in the course of performing the duty to prevent such injury

(c) Any injury incurred by a counterterrorism special force soldier belonging to the Ministry of Public Safety and Security or the National Police Agency in performing his/her duties;

(d) Fire-fighting or lifesaving at a disaster scene by a fire officer;

(including emergency mobilization, return, and activities incidental thereto) a injury or other injury suffered during the time of emergency;

injury incurred during the dangerous duty

(e) Rescue as a public official put into a disaster or disaster site pursuant to the Framework Act on the Management of Disasters and Safety;

· Fire extinguishment, flood control, or salvage (emergency mobilization and return for the performance of their duties, and activities incidental thereto;

(B) any injury incurred in connection with Party B.

(f) An employee of the Presidential Security Service shall carry out security duties under the Presidential Security Act.

injury caused by the

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

(h) Any of the subparagraphs of Article 101 (1) of the Administration and Treatment of Correctional Institution Inmates Act by a correctional officer;

Any injury incurred in performing a duty of safe guard in any situation (security guard)

(i) Treatment or reduction of patients with infectious diseases under the Infectious Disease Control and Prevention Act by a public official;

(j) Forest fire extinguishing operations by a pilot of a forest aviation helicopter at the site of the forest (emergency mobilization and return for the said operations);

and any injury incurred in connection with any activity incidental thereto)

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

injury suffered c)

(l) Occurrence of any danger outside of Korea, such as a natural disaster, war, bell, riot, kidnapping, terrorism, infectious disease, etc.;

was incurred by a public official in the course of providing protection to citizens of the Republic of Korea or in dealing with an accident;

For the purposes

(m) Other cases equivalent to those referred to in items (a) through (l) by the Line of Duty Death Compensation Review Committee referred to in Article 75-2;

any injury incurred in performing a dangerous duty recognized by the court;

Article 75-2 (Death Compensation Review Committee)

(1) The Ministry of Personnel Management shall establish a Deliberative Committee on Compensation for Death (hereinafter referred to as the "Deliberative Committee") in order to deliberate on matters concerning the payment of benefits for survivors of public officials who died on duty.

-Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State to the Public Official who died on Duty and his/her bereaved family members

A soldier or policeman who died on duty and his/her bereaved family members under Article 4 (1) 5 of the Act on the Honorable Treatment under the same Act;

Registration and determination of persons eligible for honorable treatment shall be governed by the same Act: Provided, That other Acts shall govern.

(d) A person killed in action under Article 4 (1) 3 or 5 of the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State.

A person who is provided for the honorable treatment of a military police officer or a soldier or policeman killed in action or his/her bereaved family member shall comply with such

Berne.

A person shall be appointed.