2018Nu51517 Disposition of revocation of the compensation for bereaved families' compensation;

A

Attorney Choi Woo-young, Counsel for the defendant-appellant

The Government Employees Pension Service

Seoul Administrative Court Decision 2017Guhap75484 decided May 25, 2018

February 27, 2019

March 20, 2019

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

1. Purport of claim

The Defendant’s disposition of compensation for survivors of public officials who died on April 4, 2017 is revoked.

2. Purport of appeal

The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

1. Quotation, etc. of the judgment of the first instance;

The reasoning of this court's judgment is as follows: (a) it is difficult to see that the defendant's additional evidence (Evidence Nos. 3 through 7) is different from the court of first instance even if the defendant added to the "Supreme Court Decision 2017Du42675 Decided June 28, 2018"; and (b) it is identical to the reasoning of the judgment of first instance except for adding "Supreme Court Decision 2017Du53941 Decided June 28, 2018" as stated in Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Conclusion

Thus, the plaintiff's claim shall be accepted on the grounds of its reasoning. Since the judgment of the court of first instance is just in conclusion, the defendant's appeal is dismissed on the grounds of its merit.

Justices Kim Dong-ok

Judges Park Jae-woo

Judges Park Jae-chul