2014Guhap65493 Revocation of dismissal of the application for payment of compensation, etc.

○ ○

members of Ansan-si District 26, Young-dong 26 (Seoul-dong)

Attorney Noh Jae-in, Counsel for the defendant-appellant

The Minister of Personnel Management who takes over litigation of the Minister of Security and Public Administration

Only Lee Jong-soo, Lee Jong-soo

April 30, 2015

May 21, 2015

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

On July 27, 2014, the decision to dismiss the application filed by the Defendant for survivors of public officials who died on duty shall be revoked.

1. Circumstances of the instant disposition

A. From March 1, 2014 to March 1, 2014, when the Plaintiff’s husband was appointed as a public educational official, the Plaintiff’s husband, was responsible for the leading of the school trip to Jeju-do for the second grade students from April 15, 2014 to April 19, 2014.

B. On April 15, 2014: around 00, ○○ was on board with a guide teacher and students, and was led by him/her on board the Sewol ferry, but the following day: on the 11st anniversary of the following day, the Chonam-gun's Chonam-gun's Chonam-gun's Chonam-gun's Chonam-do's Chonam-do's Chonam-do's Chonam-do's Cho

The accident was caused by the sinking at the sea at a point of 20km (hereinafter referred to as "the Sewol ferry accident").

C. The Gangnam-do○ was rescued by the same sea area on the same day, but around April 16, 2014: around 05, he was found to have concealed trees from the Yansan to the Yansan, after the meat in the Jindo-do Office, and then discovered from the Yansan to the Yansan (hereinafter referred to as the 'Yan○').

D. On June 18, 2014, the Plaintiff asserted that he died while performing official duties, and claimed compensation for bereaved family members against the Government Employees Pension Corporation. The Government Employees Pension Corporation decided to pay bereaved family members to the Plaintiff on June 18, 2014.

E. Furthermore, the Plaintiff asserted that the deceased constituted a public official who died on duty on the old Public Officials Pension Act (amended by Act No. 12844, Nov. 19, 2014; hereinafter “the Act”), and filed a claim for payment of the deceased’s death to the Defendant on June 27, 2014. In light of the suicide circumstance, etc. on July 27, 2014, the Defendant rejected the Plaintiff’s claim on the ground that “it is difficult to deem that the deceased’s death was the direct cause of the injury that occurred while performing his/her duties that may cause high risk to life and body.” (hereinafter “instant disposition”).

[Recognition of Fact] Unsatisfy, Gap evidence 1 to 2 (including the number of branches)

Each entry and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The Deceased, as a public educational official, rescued students and passengers at the risk of the sinking of the Sewol ferry, and caused severe mental distress (abrupted suicide) thereby resulting in suicide. As such, the Deceased constitutes a public educational official who died on duty as prescribed by Article 3(1)2 of the Act. Accordingly, the instant disposition should be revoked on the ground that it is the said Act.

(b) Relevant statutes;

As shown in the attached Form.

(c) Facts of recognition;

1) The details of the occurrence of the Sewol ferry accident

A) A member high school promoted the Jeju-do academic trip for five days from April 15, 2014 to April 19 of the same month for 325 students in the second year. At the time, the deceased, an assistant principal, was responsible for the leading of the academic travel.

B) On April 15, 2014, at around 00: 15, the Sewol ferry start from the Incheon port that the 15 leader, including the Deceased, and 325 students of the second-year school, including the Deceased, were on board, and entered the sea at a point 20km away from the Chonam-gun, the accident sea area, on April 16, 2014: 08:30 on the same day, the Chonam-gun, the Chonam-gun's Chonam-do, the accident sea area, entered the sea area at a point 30km away from the North-do 20km away from the North-do. On the same day, at around 08: 49 rapid changes in the sea route, and began to pay

C) On the same day: 08: 52, the report of the Sewol ferry accident was first received at the Jeonnam Fire Fighting Headquarters, and thereafter, it was punished for salvage activities upon arrival of the maritime guard, but the Sewol ferry was completely sunken at around 11:20 on the same day.

2) After rescue, the deceased’s movement and suicide details

A) At the time of the accident, the Deceased was rescued by the sea in a state where he was deprived of consciousness due to the shock of low blood transfusions at the time of the accident. On April 11, 2014, he was present at the Ganpo Coast Coastal Police Station around 45, 2014 and was investigated as to the background of the accident at the time of the accident at the level of 21:00 the same day.

B) After completion of the investigation, the deceased's family members have returned to the Jindo gymnasium in Jindo-do. By the following day, the deceased and the family members of the deceased, who were the members of the gymnasium and were the family members of the deceased and the family members of the deceased were the members of the gymnasium, and 10 teachers, such as the members of the gymnasium and the principal of the school, were the gymnasium in Jindo gymnasium in Jindo-do, and the family members of the deceased were the gymnasium in Jindo gymnasium in Jindo-do and were the gymnasium in 50.

C) At around 21:56 on the same day immediately following the deceased, the deceased went out of the Jindo gymnasium without any speech, and the deceased was a member who became aware of the deceased's death, and on April 18, 2014, the deceased reported the deceased's disappearance to the police around 00:0.

D) On April 18, 2014, the police, upon receipt of a report, found the network of hiding trees from the front gymnasium behind the Jindo gymnasium at around 05, and found 200 persons on the spot, "20 persons are dead and there is power to live alone. (b) The police, upon receipt of a report, found the nearby area as soon as possible, started the search for the neighboring area, and found the deceased trees from the gymnasium behind the Jindo gymnasium at around 05.

3) The cause of the deceased’s death, etc.

가 ) 망인의 사망진단서에 의하면 , 망인의 사망의 원인은 ' 액사 ( 목맴 ) ' 이고 , 사 망의 종류는 ' 자살 ' 로 되어 있다 .

B) Meanwhile, from among the 325 students in the second year following the Sewol ferry accident, 250 students in the second year were missing or killed, and only 3 of the 15 leading teachers, including the Deceased, were rescued.

C) On July 27, 2014, the Defendant rendered a decision to pay a person who died on duty by applying Article 3(1)2(m) of the Act, deeming that the person was killed while saving students at the time of the Sewol ferry accident.

(iv) medical knowledge;

The term "ex post facto stress disorder" refers to a mental disease that may occur after a person experienced a serious accident, such as war, adviser, natural disaster, accident, etc., and the symptoms, such as uneasiness, experience, and sensibility, etc. . . . . . . . or . . .. .. .. ... .. ... .. or ... ... ... .... ... .... of a person who experienced a large disaster or war, war, test, suicide of a nearby person, etc., which could occur to a survival, a salvor, or an witness, was unable to find out his or her death, while he or she was unable to cause the death of another victim, . ... ... ... .. of a serious punishment and punishment for the death of him or her, and the f

5) Medical opinions

A) The result of the fact-finding on the President of the National University Hospital of this Court

The Sewol ferry accident experienced by the deceased is deemed to have been vulnerable to the support system after the accident, such as serious mental and medical assessment after the accident and hearing verbal abuse of the bereaved families in the condition that they were unable to receive medical treatment after the accident. Since it appears that the deceased had additional external experience even after the accident, such as witnessing the body of the persons following the accident and the teachers at the same time, it is presumed that the deceased was highly likely to have a sudden state of stress disorder after the accident, and it is difficult to deny the possibility of suicide due to the stress disorder after the accident and the depression disorder accompanying the accident.

B) The result of the fact-finding on the chairman of the Disaster and Health Committee of the Court

There is a possibility that the deceased may be continuously exposed to the sculpte in the sculpte of the survival, and there is a possibility that the deceased attempted suicide in the state of serious symptoms.

C) The result of the fact-finding conducted by the president of the Korean Psychological Review Committee

The deceased is highly likely to fall under the acute stress reaction (ASR) which seems after he experienced shocking incidents. The suicide of the deceased is the largest cause for the deceased to re-inject the survivors who were in a mental shock state without any follow-up measures or professional management to the accident site and to control the situation.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2, 5, 11, 12, Eul evidence Nos. 5-1 through 7

- Members of the National Institute of Health of this Court, the President of the Korean National Institute of Health of the Korean National Institute of Health of the Korean National Institute of Health

The results of each fact-finding and pleading against the chairperson of the Korea Psychological Review Committee;

The purport of the whole

D. Determination

(A) Although the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State provides a livelihood security system for bereaved families, etc. of police officers killed in the line of duty, the Act has a separate provision for the public officials in the line of duty to be subject to the death on duty, and has established a special provision for the protection of their lives and property in order to protect the lives and property of the people, to strengthen the compensation for bereaved families of public officials who died while dedicatedly performing duties such as arrest of criminals, fire extinguishment, lifesaving, etc., so that their bereaved families can lead a stable life, and to concentrate on their duties.

Under Articles 57(5) and 61(4) of the Act, the scope of the public official who died on duty is a public official in accordance with Article 3(1)2 of the Act, instead of protecting more strongly the bereaved family members of the public official who died on duty by expanding the amount of compensation for the bereaved family members who died on duty and bereaved family members of the public official who died on duty. Article 3(1)2 of the Act limits the scope of the public official who died on duty to the public official who died on duty to the extent of causing serious danger to his/her life and body, as a public official, the duties to arrest the offender at risk of causing serious danger to his/her life and body, guard, counter-espionage operations, fire extinguishment, life-fighting, defending, defending himself/herself, defending himself/herself, safe guard, treat patients with infectious diseases, or prevent the spread of infectious diseases, and to the public official who died on duty as a direct cause of this harm.

Therefore, in order to constitute a public official who died on duty under the Act, it is not sufficient that the public official died while performing official duties. Furthermore, ① In order to perform official duties at the risk of causing high risk to his/her life and body, he/she was killed, and ② in order to be directly caused by such danger and injury.

(B) In the instant case, according to the facts acknowledged earlier, the deceased seems to have committed suicide after having suffered serious stress disorder (the surviving victim’s symptoms) after having suffered the Sewol ferry accident. As such, the issue of the instant case is whether the surviving victim’s symptoms, which occurred to the deceased, was incurred in performing life-saving operations at the risk of causing high risk to his/her own life and body, and whether the surviving victim’s death was the direct cause of death if it falls under the injury.

First of all, according to the evidence No. 10-1, it is recognized that the surviving ○○ submitted a statement to the effect that the surviving ○○ was a member of the deceased at the time of the Sewol ferry accident, and that the surviving ○○ was an escape of the passengers, such as the students, etc., and considering the facts acknowledged earlier and the overall purport of the arguments as follows, it is difficult to view that the deceased was at the risk of his life and body at the time of the Sewol ferry accident, and that the surviving ○ was at the time of the Sewol ferry accident, and that the surviving ○ was at the time of the accident, and that the surviving ○ was at the risk of his life and body, and that the surviving ○○ was at the time of the accident, and that the surviving ○ was at the time of the accident, and that the surviving ○ was at the time of the accident, and that the surviving ○ was at the time of the suicide’s resolution. Rather, it is reasonable to view that the surviving ○ was due to the mental shock that he was living as a person responsible for his study and his responsibility.

(1) At the time of the Sewol ferry accident, the Deceased was rescued by the marine landscape in a state of loss of consciousness by a show of low blood relative, and immediately after he/she recovered consciousness, he/she shall be present at the Korea Coast Guard and undergo an investigation.

After investigating the deceased's family members, they returned to the Jindo gymnasium in the Jindo gymnasium, followed by the continuous awareness of the deceased's gymnasium by the following day, and 10 teachers, including the members, knee knee knee knee knee knee knee knee and the deceased's family members followed by the death.

The deceased was out of the Jindo gymnasium immediately following the death of 200 persons and power is buckbucks in a mixed life. (b) The deceased was written in the following to the effect that he was found to be out of the Jindo gymnasium, and on the next day, he was found to be out of the gymnasium in Jindo gymnasium.

② In light of the deceased’s suicide history and details, etc., the deceased, who was not a “salvor” at the time of the Sewol ferry accident, “a witness,” was suffering from the climatic group of the survivors after the accident. After the accident, the deceased was a person in charge of the study tour guide who was investigated by the investigative agency as a witness, was missing, the continued personality awareness of the deceased and the teachers’ staff, and the remaining surviving survivors who were living only after receiving a claim from the deceased's bereaved family members, and the remaining climatic pressure.

Moreover, it seems that it has increased the number of people.

On the other hand, seven leading teachers, unlike the deceased, were recognized as public official who died on duty. They were found to have been engaged in assistance activities against the students at the time of the Sewol ferry accident due to the statements of the survivors, etc., and the body was found to have been hidden at the site of the electric power resource accident, and the body was found in the student ship room, etc., which is not the originally assigned school building, the issue should be different from the deceased.

Even if a surviving person of the deceased’s death occurred during the deceased’s life-saving work, the following circumstances can be acknowledged based on the facts and the overall purport of the arguments as seen earlier. In other words, the deceased’s death appears to have been transferred to the deceased’s execution after taking suicide in advance to a certain extent, such as preparing and keeping a record of suicide in advance after the Sewol ferry accident occurred. In light of the deceased’s free will at the time, it is difficult to deem that the deceased’s suicide was committed under the circumstances where the free will of the deceased was completely disappeared. Rather, in light of the deceased’s suicide history and content, it is difficult to view that the deceased’s suicide was committed as a person responsible for school travel as a person responsible for the injury after the salvage of the deceased, and as a result, it is difficult to view that the deceased’s suicide was committed directly by the surviving person of the deceased’s death, and that it was an important cause for the deceased’s suicide to go beyond the psychological pressure from the deceased’s family members.

(C) Therefore, although the deceased died while performing his official duty as a school trip, the deceased does not constitute a public official who died on duty as stipulated in Article 3(1)2 of the Act. Thus, the disposition of this case is lawful and the plaintiff's assertion of this case is without merit.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

Judge transferred to the presiding judge;

Judges Park Gi-ju

Judges Lee Jae-chul

Relevant statutes

Gu Public Officials Pension Act (amended by Act No. 12844, Nov. 19, 2014)

Article 1 (Purpose)

The purpose of this Act is to contribute to the stabilization of the livelihood and the promotion of the welfare of public officials and their bereaved family members by providing them with adequate contributions to the retirement or death of public officials or to the injury, disease, or disability caused by public duties (public duties).

Article 3 (Definitions)

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

1. The term "public official" means any of the following persons who serve on a regular basis as a public official:

(a) A public official under the State Public Officials Act, the Local Public Officials Act, or other Acts: Provided, That military personnel and ships shall be included therein;

Any public official who takes office by means of show shall be excluded.

(b) Other employees of the State or local governments prescribed by Presidential Decree.

2. The term "public official who died on duty" means a public official falling under subparagraph 1 at the risk of causing severe danger to his/her life and body;

This hazard shall be caused by any of the following injuries (a hazard) incurred in performing his/her duties:

A public official who died as a direct cause: Provided, That any of the following cases shall be applicable:

A public official who died of a disease not directly causing a hazard, shall be excluded.

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

(b) Guard under subparagraph 3 of Article 2 of the Act on the Performance of Duties by Police Officers, guard of important persons (person) and guard of police officers;

Any injury incurred in conducting counter-espionage and counter-terrorism operations, and traffic control and traffic injury 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 National Police Agency or the Korea Coast Guard in performing his/her duties;

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

Any injury or other similar injury incurred during rapid mobilization, return, and activities incidental thereto.

injury sustained during the examination

(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 (including emergency mobilization and return for the performance of their duties and activities incidental thereto)

(B) any injury incurred in the course of making such

(f) An employee of the Presidential Security Service [a security service under the Presidential Security Service Act shall be performed.]

injury caused by the

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

(h) A correctional officer falling under any subparagraph of Article 101 (1) of the Administration and Treatment of Correctional Institution Inmates Act;

(b) Any injury incurred in performing a duty of safe guard in a situation corresponding thereto.

(i) Medical treatment or infection of a patient with an infectious disease under the Infectious Disease Control and Prevention Act;

Injury or injury sustained in the course of performing duties to prevent the spread of enlisted personnel

(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 shall extinguish the forest;

injury caused by the

l. A natural disaster, war, belligerency, riot, kidnapping, terrorism, infectious disease, etc. occurred abroad;

any injury incurred by a public official in performing a duty to protect nationals of the Republic of Korea or to cope with an accident.

(m) The death compensation review committee referred to in Article 75-2 equivalent to an injury set forth in any of items (a) through (l);

injury incurred in performing a dangerous duty

Article 26 (Confirmation of Grounds for Payment of Benefits and Determination of Benefits)

(1) Various benefits shall be paid by the Service upon determination of the Minister of Security and Public Administration pursuant to an application by a person entitled to receive such benefits (referring to cases where an application is filed for an amount of benefits prescribed by Presidential Decree, such as expenses incurred in performing public duties under Article 35, disability pension or disability compensation under Article 51, compensation for bereaved family members under Article 61, etc., with the confirmation of the head of the agency to which the relevant public official belonged): Provided, That in determining kinds of benefits prescribed by Presidential Decree, it shall undergo deliberation by the Public Official Pension Benefit Deliberative Committee, and when determining a survivors of public officials who died on duty, survivors of public officials who died on duty, or survivors of public officials who died on duty (hereinafter referred to as "persons who died on duty"), it shall undergo prior deliberation by the Public Official Pension Benefit Deliberative Committee,

(4) A person who intends to apply for compensation for survivors of public officials who died on duty shall, in advance, obtain a confirmation of the grounds for the benefits and a decision on benefits.

Article 56 (Survivor's Pension, Survivor's Pension Benefits, Survivor's Pension Benefits, Survivor's Pension Benefits, and Survivors' Pension on Duty)

(1) Where a present or former public official falls under any of the following cases, the bereaved family's annual amount shall be paid: Provided, That where a public official who has served for at least 20 years dies while in office, the bereaved family's provisional amount in addition to the bereaved family's pension shall be separately paid, and where a former public official dies before the payment of a pension begins or where a beneficiary of a retirement pension or early retirement pension dies within three years from the month following the month in which the date before the retirement

3. Where he/she dies on official duty or dies of a disease or injury incurred in performing official duty.

Death from the disease or injury caused by a wound or an injury incurred in the line of duty within three years after retirement;

(2) If a public official died on duty, it shall be included

(4) A bereaved family member of a public official who died on duty shall be paid.

Article 57 (Amount of Survivors' Pension, Survivor's Pension Benefits, Survivor's Pension Benefits, Survivor's Pension Benefits, or Survivors' Pension on Duty)

(1) The amount of a survivor pension shall be as follows:

3. Death in cases falling under Article 56 (1) 3 and where the relevant public official has worked for less than 20 years;

The standard monthly income at the time of retirement (referring to the time of retirement in cases of death after retirement; hereafter the same shall apply in this subparagraph)

amount equivalent to 2/10,000 or 600 of the Act, and in cases of 20 years or more, the period at the time of death;

The amount equivalent to 3/10,000 of the amount of quasi-amount of monthly income shall be 250.

(5) A survivors' pension for public officials who died on duty shall be the amount equivalent to 3575/10,000 of the amount of standard monthly income as at the time of death in cases of public officials who died on duty who died on duty for less than 20 years, and the amount equivalent to 4225/10,00 of the amount of monthly income as at

Article 60 (Lump Sum for Survivors)

(1) If a public official is in service for less than 20 years and dies (including cases where a bereaved family member wishes to receive a lump sum for a bereaved family in lieu of a survivor's pension in cases falling under Article 56 (1) 3), the bereaved family shall be paid in advance to

Article 61 (Survivor's Compensation for Public Officials who Died on Duty and Survivors' Compensation)

(1) Where a public official dies on official duty or dies of a disease or wound while on duty while in office, and dies of such disease or wound within three years after retirement, bereaved family members shall be paid compensation for bereaved family members.

(2) Survivors' compensation under paragraph (1) shall be an amount equivalent to 234/10 of the amount of standard monthly income of a present or former public official.

(3) A bereaved family member of the public official who died on duty shall be paid compensation for bereaved family members of the public official who died on duty in a lump sum.

(4) Survivors' compensation for public officials who died on duty shall be an amount equivalent to 442/10 of the average amount of standard monthly incomes of all public officials: Provided, That compensation for survivors of public officials who died on duty due to an injury incurred in performing counter-espionage operations among the injuries under Article 3 (1) 2 (b), shall be an amount equivalent to 57/10 of the average amount of standard monthly incomes of all public officials on duty