Expenses incurred in relation to public officials' pension and bereaved family's compensation under the Public Officials Pension Act;

Considering the provisions of Articles 26, 35, and 61 of the Public Officials Pension Act, Article 20 of the Enforcement Decree of the Public Officials Pension Act, Articles 20, 30, 32, and 34 of the former Enforcement Decree of the Public Officials Pension Act (amended by Presidential Decree No. 17101 of Dec. 30, 200), and the social security nature of the expenses of medical care in the line of public officials' pension under the Public Officials Pension Act, the Public Officials Pension Corporation does not assume the duty to pay the expenses of medical care in the line of duty and the bereaved family's compensation from the date when the relevant public official was injured, injured, or dead, to recognize that the disease, injury, or death of the relevant public official was caused by a disease, injury, or death in the line of duty, and accordingly, bears the duty to pay each benefit.

[1] Articles 26, 35, and 61 of the Public Officials Pension Act; Article 20 of the Enforcement Decree of the Public Officials Pension Act; Articles 20, 30, 32, and 34 of the former Enforcement Decree of the Public Officials Pension Act (amended by Presidential Decree No. 17101 of Dec. 30, 200)

Non-resident and 2 others

Public Official Pension Corporation

Seoul District Court Decision 200Da212187 Delivered on January 17, 2000

1. The judgment of the court below is revoked.

2. All plaintiffs' claims are dismissed.

3. The total costs of the lawsuit are assessed against the plaintiffs.

1. Purport of claim

The defendant shall pay to the plaintiff migrants 12,949,459 won, the amount of 791,736 won per annum from April 22, 2000 to the service date of a copy of the complaint of this case, and the amount of 25% per annum from the next day to the full payment date.

2. Purport of appeal

The same shall apply to the order.

1. Basic facts

A. On September 29, 1995, the National University Hospital was hospitalized in Seoul Special Metropolitan City under the diagnosis of acute typosis, lephical typosis escape symptoms, etc., and on December 28, 1995, the Defendant applied for the approval of medical care for official duties pursuant to Article 35 of the Public Officials Pension Act. On February 13, 1996, the Defendant notified the Public Officials Pension Benefits Deliberation Committee of Non-approval for Medical Care for official duties on the ground that the above lephal's disease, etc. cannot cause the outbreak or aggravation of official duties. On May 2, 1996, the Public Officials Pension Benefits Review Committee also made a decision of dismissal on the above ground that the above lephal's request for review of medical care for official duties was made for the reasons as above.

B. On March 24, 1996, Park Jong-hee died of the above leuk’s disease, etc., and the Plaintiff, the bereaved family member, demanded the Defendant to compensate for the bereaved family under Article 61 of the Public Officials Pension Act, but the Defendant also notified the Plaintiff Relocation on December 9, 1997 of the determination of compensation for survivors’ compensation for the said reasons.

C. On July 1996, the Plaintiff filed a lawsuit against the Defendant seeking revocation of the medical care non-approval disposition with Seoul High Court (Seoul High Court 96Gu23384). On October 8, 1997, the Seoul High Court rendered a judgment in favor of the Plaintiff on the ground that the medical examination and treatment period were set at as the main duties of the above levis and the above levis, and the above levis and stress did not cause the outbreak or aggravation of the above levis, etc., but the said levis and stress did not cause the outbreak or aggravation of the above levis and the above levis and the above levis and the above levis and the above levis and the Defendant’s appeal was made final and conclusive on January 18, 200.

D. According to the above judgment, on February 3, 200, the Defendant notified the Plaintiff’s migrant of the decision on approval of medical care for official duties to the Plaintiff’s deceased Class-hee received treatment at the Seoul National University Hospital, Macheon-do University Hospital, affiliated hospital, nuclear hospital, etc. The Public Official Pension Benefit Review Committee, on March 28, 200 upon the Plaintiff’s request for review of the compensation for survivors’ compensation for survivors on the ground of the above judgment. Accordingly, on April 15, 200, the Defendant paid KRW 57,63,90 to the Plaintiff’s migrant on April 21, 200, after notifying the Plaintiff’s survivors of the decision on the compensation for survivors’ compensation for survivors. Moreover, the Defendant paid KRW 8,580,830, Apr. 19, 200; KRW 1836,781; KRW 1836,708; KRW 1836,75,786,79,787,75,700.

(e)The plaintiff is the head of the above Park Jong-hee, and the plaintiff Park Jong-jin and the head of the above Park Jong-hee shall be the children of the plaintiff Park Jong-hee.

[Evidence] Facts without dispute, Gap evidence No. 1, Gap evidence No. 2-1, 2, Gap evidence No. 3-6, Eul evidence No. 1-11, and the whole purport of the pleading

2. The plaintiffs' assertion and judgment

A. The plaintiff asserts that since the defendant did not recognize the above Park Jong-hee's disaster on official duties and received the above expenses of medical care expenses and bereaved family's compensation late, the defendant is liable to pay damages for delay of 5% per annum as to each of the above amounts from March 25, 1996 to the day following the death of the above Park Jong-hee, and from March 25, 1996 to the day of the payment of bereaved family's compensation, the defendant is liable to pay damages for delay of 4% per annum as stipulated in the Civil Act.

B. (1) The expenses of medical care in the line of duty under the Public Officials Pension Act are paid when a public official provides medical care due to a disease or injury incurred in the line of duty (Article 35 of the Public Officials Pension Act). The compensation for bereaved family is the benefits which the public official pays to his bereaved family when he dies while in office due to a disease or injury incurred in the line of duty (Article 61 of the Public Officials Pension Act). The above benefits are the benefits of social security nature which are paid in consideration of the policies for protecting the livelihood and promoting the welfare of the public official and his bereaved family. Article 26 of the Public Officials Pension Act provides that various benefits under the Public Officials Pension Act shall be paid by the defendant upon request by the head of the agency to which the person who has the right to receive the benefits belongs under the conditions as prescribed by the Presidential Decree upon confirmation by the public official, and the authority of the Minister of Government Administration and Home Affairs concerning the determination of the above benefits may be entrusted to the defendant under the conditions as prescribed by the Presidential Decree (Article 26 of the Public Officials Pension Act), and the Enforcement Decree of the Public Officials Pension Act shall undergo deliberation on the disease or injury.

(2) As to the specific procedures for the payment of the expenses of medical care in the line of duty, if a public official wants to provide medical care in a medical care institution due to a disease due to official duty, the public official shall submit an application for approval of medical care to the head of the pension handling agency along with a medical examination certificate attached, and the head of the pension handling agency shall transfer the same to the defendant within seven days after examining the situation of the disease, etc. together with a copy of the public official health examination card attached. The defendant shall send a notice or copy of the determination to the applicant for medical care institution, the head of the pension handling agency, the medical insurance management corporation (the subsequent name was changed to the National Health Insurance Corporation; hereinafter referred to as the "National Health Insurance Corporation") and send it to the applicant for the medical care institution, the head of the health care institution, the head of the national health insurance corporation (the subsequent name was changed to the National Health Insurance Corporation; hereinafter referred to as the "Enforcement Decree of the Public Officials Pension Act"). The procedure shall, in principle, submit the request to the National Health Insurance Corporation or the head of the National Health Insurance Corporation shall be paid within one month.

(3) Next, regarding the detailed procedure for the payment of the bereaved family's compensation, if the public official dies due to a disease, etc. caused by official duties, the bereaved family's compensation request shall be submitted to the head of the agency dealing with the public official's compensation, and the head of the agency dealing with the public official's compensation shall transfer the above request to the defendant along with the background of death and the public official's health examination card copies, etc. The defendant shall determine whether to pay the bereaved family's compensation after deliberation by the Public Official Pension Benefit Council, and shall send the written decision or its duplicate to the claimant and the pension dealing agency, etc., and the State or local government shall have the bereaved family pay the bereaved family'

(d)Considering the above provisions and the social security nature of the expenses of medical care and bereaved family's compensation in the Public Officials Pension Act, the defendant is not obligated to pay the expenses of medical care and bereaved family's compensation from the date of the public official's disease, injury, or death, but to pay the expenses of medical care and bereaved family's compensation, after the deliberation of the Public Officials Pension Benefit Council, and therefore, he is found to have caused the public official's disease, injury, or death due to the public official's disease, injury, or death due to

C. On February 3, 200, the defendant, according to the court's ruling, notified the plaintiff resident on approval of medical care for official duties, and notified the decision to pay bereaved family's compensation on April 15, 200. The defendant, from the above decision date to the above decision date, bears the duty to pay expenses of medical care expenses and bereaved family's compensation. Thus, the defendant's above assertion on the premise that the expenses of medical care expenses and bereaved family's compensation are to be paid to the plaintiffs from March 25, 1996, the day following the above decision date of the decision to pay the expenses of medical care for public duties and the expenses of bereaved family's compensation for public duties need considerable time after the due date for the payment of expenses of medical care expenses and bereaved family's compensation for public duties, and the defendant, according to the court's ruling, notified the plaintiff resident 's decision to approve the medical care for public duties on February 3, 200 and paid the compensation for bereaved family's compensation for public duties from March 25, 2000 to 18.4.7.

3. Conclusion

Therefore, the plaintiffs' claims in this case are all dismissed due to the lack of reasons, and the judgment of the court below with different conclusions is unfair, and all of the plaintiffs' claims are dismissed. It is so decided as per Disposition.

Judges Min Il-young (Presiding Judge)