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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Details of the disposition;
A. On December 1, 2013, the deceased C (hereinafter “the deceased”) who is a child of the Plaintiffs (hereinafter “the deceased”) was a soldier serving as E officer in the first team of the Marine Corps (the First Lieutenant).
B. On October 8, 2016, the deceased, as an officer candidate F of the Marine Corps, worked for G, H, I, and short-term service officers (on November 30, 2016) who were discharged from military service, and was engaged in gatherings in K pent in South-gu J from around 16:30 on Saturdays to commemorate the discharge (hereinafter “instant gathering”) by dividing ten bottles and three cans per share by dividing them into three cans.
On October 9, 2016, the Deceased was on board the backside of the vehicle driven by G in order to return to the accommodation of a single person in a unit located in Nam-gu L at port at port on Sundays 10:00.
G은 위 차량을 운전하여 같은 날 10:27경 포항시 남구 호미로 3193에 있는 편도 2차로인 31번 국도의 2차로를 시속 약 153km 로 진행하던 중 앞에서 방향지시등을 켠 채 1차로에서 2차로로 차선을 변경하려는 차량을 피하기 위하여 핸들을 우측으로 급조작하다가 운전하던 차량이 미끄러지면서 전복되는 사고를 발생하게 하였다.
The Deceased died at around 11:04 on the same day due to the foregoing accident.
(hereinafter “the instant accident”). The death diagnosis report for the Deceased is indicated as “cerebral cerebrovascular (Presumption),” “the intermediate winner,” and “traffic accident.”
C. The Plaintiffs filed a claim with the Defendant to pay the above survivors’ pension on the ground that the deceased died while performing his/her official duty and falls under the eligibility for the survivors’ pension under Article 26(1)3 of the Military Pension Act. However, on April 21, 2017, the Defendant did not recognize the hours of the accident as the attendance at no later than 10:0 am on Sundays, and thus, the accident occurred during his/her normal course and method, or during his/her leaving his/her office or returning to his/her workplace.