Cases where the payment of compensation money under the Industrial Accident Compensation Insurance Act has been granted to the request for compensation of bereaved family members based on the Public Officials Pension Act in violation of the disposition authority principle.

Cases where the payment of compensation money under the Industrial Accident Compensation Insurance Act has been granted to the request for compensation of bereaved family members based on the Public Officials Pension Act in violation of the disposition authority principle.

Article 61 of the Public Officials Pension Act, Article 9-6 of the Industrial Accident Compensation Insurance Act, Article 8(2) of the Administrative Litigation Act, Article 188 of the Civil Procedure Act

[Judgment of the court below]

Public Official Pension Corporation

Seoul High Court Decision 88Gu2924 delivered on July 7, 1988

The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal No. 2 are examined.

According to the records, the plaintiff filed a claim for the payment of bereaved family's compensation pursuant to Article 61 of the Public Officials Pension Act on the ground that the deceased non-party died while on duty, but the defendant, on the ground that the reason that the cause of death of the above non-party was attributable to his/her physical condition, was not caused by official duty, is obvious that the defendant's claim for revocation of the site's payment disposition is illegal

However, according to the judgment of the court below, although the plaintiff filed a claim for the payment of survivors' benefits under the Industrial Accident Compensation Insurance Act with the defendant, it is reasonable to see the death of the above non-party due to his duties according to Articles 82 and 83 of the Labor Standards Act, and Articles 9-6, 9-8, and 3(1) of the Industrial Accident Compensation Insurance Act. The court below held that the plaintiff, who is the wife of the above non-party, has the right to receive the lump sum survivors' compensation benefits as prescribed in Article 9-6 (Article 9(6) of the Industrial Accident Compensation Insurance Act, but appears to be a clerical error) and revoked the defendant's claim for the payment

Ultimately, the court below erred in the misunderstanding of the contents of the claim in this case, which affected the conclusion of the judgment (see Article 8(2) of the Administrative Litigation Act and Article 188 of the Civil Procedure Act). Thus, it is reasonable to discuss this issue.

Therefore, without examining the remaining grounds of appeal, the judgment of the court below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating judges.

Justices Lee Chang-chul (Presiding Justice)