208Guhap1785 The revocation of the revocation of the refusal to pay a survivor pension

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Public Official Pension Corporation

August 19, 2008

September 23, 2008

1. The plaintiff's main claim shall be dismissed.

2. The defendant shall pay to the plaintiff 62,81, 480 won with 5% per annum from August 14, 2007 to September 23, 2008, and 20% per annum from the next day to the day of full payment.

3. The plaintiff's remaining conjunctive claims are dismissed.

4. Of the costs of lawsuit, 90% is borne by the Defendant, and the remainder by the Plaintiff, respectively.

In the first place, the Defendant’s resolution on August 13, 2007 and the decision on the compensation for survivors’ compensation against the Plaintiff is revoked. In the second place, the Defendant would pay to the Plaintiff 65, 225, 376 won, and the amount equivalent to 5% per annum from May 10, 2007 to the service date of a copy of the application for amendment of the purport of the instant claim, and 20% per annum from the next day to the day of full payment.

1. Basic facts and circumstances of dispositions;

A. The Plaintiff’s husband (the 44 years old at the time of death) participated in the overseas comparison training of subordinate employees in 2007 (the 8th day from April 25, 2007 to May 4, 2007, It was paid to the 28 participants in overseas non-party training including the Deceased for 2,700,000 won per person, and the amount of the insurance premium was paid to the 10th day from April 25, 2007 to the 10th day from May 4, 2007 to the 4th day from May 2007, and the 6th day from the above 6th day from the 20th day to the above 6th day from the 6th day from the 6th day to the 5th day from the above overseas travel.

B. On April 26, 2007, when the Deceased visited Italyma according to the schedule of overseas guard training, on April 26, 2007: around 20, at around 20, the Deceased died to a nearby hospital by putting the windows open at the three guest rooms of the hotel located in the accommodation and falling outside (hereinafter referred to as the "accident of this case"), and then sending it back to the nearby hospital, but at around 16:20 on the same day during the surgery, the Deceased died to the "Suspension of the function of the heart blood transfusion due to the abortion (referring to the injury)."

C. On August 8, 2007, the Plaintiff received KRW 100 million insurance money from the non-party company for overseas travel after the death of the deceased due to the instant accident.

D. On May 2007, the Plaintiff filed a claim with the Defendant for the payment of bereaved family's compensation, alleging that the death of the deceased caused by the instant accident constituted an accident involving official duties. However, on August 13, 2007, the Defendant: (a) decided to adopt a compensation for bereaved family's compensation and the insurance claim for the non-payment of the compensation for bereaved family's compensation, on the ground that the amount of the compensation for bereaved family's compensation calculated pursuant to Article 33(1) of the Public Officials Pension Act deducted the above overseas travel insurance amount from the amount of the compensation for bereaved family's compensation for bereaved family's compensation for the reason that the said overseas travel insurance amount would not be paid to the Plaintiff (hereinafter referred to as "the

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 2 through 4, 6 through 11, 13, Gap evidence 3, 4, and 6 respectively, 1, 2, Eul evidence 1, Eul evidence 2-1 through 3, Eul evidence 2-3, and the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion

(1) Article 33(1) of the Public Officials Pension Act is not applicable since the Plaintiff’s overseas travel insurance money received from the non-party company is different from the bereaved family’s compensation under the Public Officials Pension Act, and its type and nature are different. Therefore, the Defendant’s decision on the site payment of this case is unlawful. Therefore, the Plaintiff primarily seeks revocation of the decision on the site payment of this case.

(2) Even if it is deemed unlawful to seek cancellation of the instant site determination, the Defendant is obligated to pay the Plaintiff’s compensation of KRW 65,225,376 to the Plaintiff. Therefore, the Defendant’s conjunctive compensation for survivors and damages for delay are sought from the Defendant.

(b) Related statutes;

As shown in the attached Form.

(c) Determination:

(1) As to the primary claim

According to the above facts, the determination of the site pay of this case is once recognized as a disaster caused by official duties, but it causes notification that the compensation for bereaved families cannot be paid to the plaintiff on the ground that the deduction of the compensation for bereaved families is no longer available from the calculation amount of compensation for bereaved families. This is merely a notification of fact or concept through appeal litigation, not a claim for cancellation of the determination of the site pay of this case, but a claim for cancellation of the determination of the compensation for bereaved families against the defendant, such as preliminary claim, can be judged as lawful in the lawsuit. Accordingly, the lawsuit against the plaintiff seeking cancellation of the determination of the site pay of this case is unlawful.

(2) As to the conjunctive claim

(A) Article 33 of the Public Officials Pension Act provides that "a person who receives the same kind of benefits as the benefits under this Act at the expense of the State or a local government under other Acts and subordinate statutes" in paragraph (1) provides that "the amount equivalent to the benefits shall be deducted from the amount of benefits under this Act." Paragraph (2) provides that "Where the grounds for the benefits under this Act have occurred due to a third party's act, the Corporation or the local government shall obtain the right to claim damages against the third party within the scope of the benefits already paid." Paragraph (2) provides that "where the beneficiary has already received the compensation for the same reason from the third party, the benefits shall not be paid within the scope of the compensation amount." Paragraph (1) provides that "Where the State or a local government has to pay the benefits under the Public Officials Pension Act at the expense of the State or a local government under other Acts and subordinate statutes, referring to paragraph (2) provides that "the State or a local government is entitled to compensation for damages under the State Public Officials Pension Act, referring to paragraph 2.

B. In full view of the above provisions, "the benefits" under Article 33 (1) of the Public Officials Pension Act, which provides for coordination with the benefits under the Acts and subordinate statutes of the State or local governments, shall be deemed to be the same in terms of the purpose and nature of the benefits under the Public Officials Pension Act and other Acts and subordinate statutes, and it cannot be deemed that the benefits are not necessarily required to be in the nature of accident compensation. Unlike the bereaved family benefits under Article 42 (3) of the Public Officials Pension Act, "the bereaved family's compensation" is the benefits for the purpose of compensation for losses to the members of public services or their bereaved family members who died of a disease or injury incurred in the course of performing official duties, such as the bereaved family's compensation benefits under the same subparagraph, regardless of whether the disease or injury was caused in the course of performing official duties (see Supreme Court Decision 198Da3791, Mar. 10, 200).

C) Since the above overseas traveler insurance contract between the deceased and the non-party company entered into with respect to the instant case is arbitrary subscription, it is difficult to view that the State or local government paid the premium at its own expense pursuant to other Acts and subordinate statutes, thereby allowing the deceased to join this case. Therefore, it is difficult to conclude that the above overseas traveler insurance money is the same kind of benefit with the same purpose and character as the compensation for survivors, and it is difficult to conclude that it is the same as the compensation for survivors. Therefore, the compensation for survivors of the plaintiff cannot deduct the overseas traveler insurance money from the compensation for survivors of the plaintiff.

D. Therefore, the defendant is obligated to claim the plaintiff's compensation amount of KRW 62,81, 480 ( = monthly remuneration amount of KRW 1, 746, 708 x 36 months) and the compensation amount of KRW 16 years from August 14, 2007, which is the day following the date of determination of the site wage of this case until September 23, 2008, which is deemed reasonable to dispute as to the existence and scope of the defendant's obligation to pay compensation amount of KRW 5% per annum as stipulated in the Civil Act until September 23, 208, and KRW 20% per annum as stipulated in the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from the next day until the day of full payment (the plaintiff's compensation amount of KRW 1,81,816, and KRW 16,000, which is the basis for determination of the compensation amount of KRW 27,500,000,0000 for the above case of KRW 16.

3. Conclusion

Therefore, the plaintiff's main claim shall be dismissed, and the conjunctive claim shall be accepted for the reasons within the above recognition scope, and the remainder of the conjunctive claim shall not be accepted as it is decided as per Disposition.

Justices Kim Jong-hwan

Judges Croat

Judge Lee Lee Sang-hoon

Related Acts and subordinate statutes

Public Officials Pension Act

Article 3 (Definitions)

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

4. The term “monthly remuneration” means the monthly remuneration which is paid according to the category and class of public officials, and the salary and period;

The total amount of the annual payment of the horse allowance shall be the total amount of 12 months and the allowances prescribed by Presidential Decree.

2. The term "amount of monthly remuneration": Provided, That the amount of monthly remuneration of a public official who receives an annual salary shall be taken into consideration by type, class, etc.

such amount as determined by the Presidential Decree.

Article 27 (Basis for Calculation of Amount of Benefits)

(1) Death condolence money out of short-term benefits under Article 34 and long-term benefits under Article 42.

(n) The retirement pension under Article 46 (1) and (2) and the early retirement pension under Article 56 (1) 1;

The calculation of a paid survivor pension shall be excluded from the month in which the cause for the payment of benefits occurred.

on the basis of amounts.

(2) Promotion, demotion, demotion, demotion, change of a position, change of a position, or reappointment (public officials, soldiers, or private school teachers and staff retired from office)

The sum of the terms of service or service under paragraph (2) of Article 23, which are appointed as a public official;

Long-term benefits (Article 46(1) and (2) of the Act on Long-term Benefits within one year after the amount of monthly remuneration is increased or decreased due to the receipt thereof).

The early retirement pension under paragraph (2) and the bereaved family’s pension under Article 56 (1) 1.

The provisions of paragraph (1) shall be applied when the causes for the retirement allowances under Article 61-2 have occurred (excluding the retirement allowances).

The amount of monthly remuneration in the preceding month of the month to which the date of increase or decrease belongs and the date on which a cause for payment occurs.

the monthly remuneration of the month shall be calculated based on the calculation of the amount of wages: Provided, That the provisions of Article 66 (4) shall be applied.

In cases where contributions based on the monthly remuneration amount before the amount of reduction is made, the said monthly remuneration amount shall be paid.

shall be based on the calculation of the amount of benefits.

Article 33 (Adjustment of Benefits under Other Acts and Subordinate Statutes)

(1) The same kind of benefits as those under this Act at the expense of the State or local governments under other Acts and subordinate statutes.

With respect to persons receiving the benefits, the amount equivalent to such benefits shall be deducted from the benefits under this Act.

shall be equal.

(2) If the cause for the benefits under this Act is caused by the act of a third party, the Corporation or local autonomy group.

The body shall pay the benefits already paid for the cause of the benefits concerned (if a disability pension is paid, the disability compensation benefits.

to the extent of the amount of damages that the beneficiary has against the third party within the limit of

A claim shall be obtained: Provided, That the spouse, lineal ascendant or descendant of a person who is or was a public official in question by a third party;

In the case of public officials in performing official duties, a claim for damages after deliberation by the Public Official Pension Benefit Council.

all or part of the rights may not be exercised.

(3) In the case of paragraph (2), when the beneficiary has already received the damages for the same reason from the third person.

No salary shall be paid to the amount of compensation to the extent of such amount of compensation.

Article 42 (Long-Term Benefits)

Long-term benefits under this Act shall be as follows:

3. Survivors' benefits:

(a) Survivors' pension;

(b) A bereaved family pension supplement;

(c) Specialized family benefits;

(d) A bereaved family's pension;

(e) A bereaved family;

(g) Survivors' compensation.

Article 61 (Survivor's Compensation)

(1) A public official who dies while in office due to a disease or injury incurred in performing official duties, or within three years after his/her retirement.

When a person dies due to a disease or injury, his/her bereaved family shall be paid compensation to bereaved family members.

(2) Survivors’ compensation money under paragraph (1) shall be equivalent to thirty-six times the monthly remuneration of the public official or former public official.

shall be the amount of money.

Article 65 (Principles of Bearing Costs)

(2) Expenses required for the benefits under Article 34 and the salaries under Article 42, which are caused by official duties.

Expenses incurred in paying benefits for illness, injury, disability or death shall be borne by the State or a local government.

(c)

Enforcement Decree of the Public Officials Pension

Article 3-2 (Allowances Included in Monthly Remuneration Amount)

The term “amount of the allowances as prescribed by the Presidential Decree” in Article 3 (1) 4 of the Act means the average amount of the annual payment of the fixed-time allowance (excluding the additional dues among the additional dues) paid according to the number of years of service of the public official, which is 12 months.

Article 27 (Adjustment of Other Benefits Borne by State, etc.)

(1) The amount to be deducted from the benefits under Article 33 (1) of the Act shall be as follows:

1. The tenure of office which is the basis for the calculation of the long-term benefits under Article 42 of the Act, and the State under other statutes;

When the basic period of service for the calculation of retirement allowances, etc. overlaps, the period of service after January 1, 1960;

Amount equivalent to charges out of the benefits corresponding to the period of service reinstated. In such cases, charges shall be paid.

The amount equivalent to the amount of contribution made by the recipient of the benefits in the month when the overlapping tenure expires;

shall be the amount multiplied by the number of months in service.

2. Of the benefits prescribed in Articles 34 and 42 of the Act, the expenses for medical care in the line of duty and lump-sum disaster relief money;

Compensation for disability pension, bereaved family's compensation, or compensation for disability under Article 56 (1) 2 of the Act;

The State Compensation Act and the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State on the same ground as the grounds for the payment of

Amount borne by the State or local governments under the Act and other Acts and subordinate statutes.

(2) The head of the pension handling agency, upon receiving a request for benefits, shall investigate and confirm whether any ground for deduction under each subparagraph of paragraph (1) exists.

If there is any ground for exclusion, the Corporation or local government shall enter it in the claim for reimbursement.

c) the end;