209Gudan5667 Revocation of Disposition of Non-approval for Medical Care for Public Duties

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Public Official Pension Corporation

June 12, 2009

August 14, 2009

1. The plaintiff's claim is dismissed.

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

On January 30, 2009, the Defendant revoked the disposition of non-approval for medical care granted to the Plaintiff on official duty.

1. Details of the disposition;

A. The plaintiff, as a trainee at the ○○○○○ Training Institute, was undergoing practical training at the ○○ Training Institute, on 16:0: around 30, 200 at the ○○○ Sports Complex adjacent to the ○○○○○ Sports Complex, which was scheduled to be conducted on ○○○○○ on 16:0,000, among the Dodo 17:00, the plaintiff applied for the approval of the medical treatment of the defendant as to the defendant's injury after being in line with the head of the ○○○○○○ Sports Group for the purpose of preparing for publicity of the ○○○○○○ Sports Games (hereinafter referred to as the "the instant stable Games").

B. As to this, the Defendant did not include the practice for a tugboat competition in the schedule for the promotion of the Chuncheon Games, and thus cannot be deemed as a sports event under the control and management of the head of the agency to which he belongs. Thus, on January 30, 2009, the Defendant issued the instant disposition of non-approval of the Plaintiff’s application for approval of medical care for official duties on the ground that it cannot be deemed that there was a proximate causal relation with the Plaintiff’s above service.

[Reasons for Recognition] Gap evidence Nos. 1, Eul evidence Nos. 1 and 3, and the purport of the whole pleading

2. Whether the disposition is lawful;

A. The plaintiff's assertion

Inasmuch as the instant sports games are indispensable to prepare for the instant sports games, which are included in the ○○○ Training Institute’s curriculum, it is closely related to the instant sports games, and the overall process was in the state of being controlled by, or related to, the head of the agency to which he/she belongs, and thus, the instant sports games were in the state of being controlled by, the head of the agency. Thus, even though the instant sports games were deemed to have proximate causal relation with, the instant sports games, which occurred in the process of the instant sports games, are deemed to be illegal.

(b) Facts of recognition;

(1) The Plaintiff, as a trainee of the ○○○○○○○○○○, was affiliated with this half, and the ○○○○ Training Institute held the ○○○○○○○○ Training Group conference on the sports-related issues, i.e., stable-gu, shotle-gu, 800 meters jus, 2 man-made, 3 deaf-gu, and bridges, from 00 to 00 ○○○○ General Sports Center.

(2) It was planned that the instant sports games be carried out between 00 and 0.00. Around 8, 400 to 0.0.0. Around 200, the instant sports games were planned to carry out the instant sports games. Around 2000 to 0.0. Around 2000, the Plaintiff was planned to carry out the instant sports games and the first sports.

(3) On-the-job training table of ○○ Training Institute, 00: 30 to 17:20 on-the-job training courses were conducted. However, some of the students, such as the Plaintiff, etc., were engaged in ○○ Team training at the ○○ Sports Complex next to the ○○ Sports Complex, and 16:30 on-the-job training courses were conducted for ○○ ○ ○ ○ ○ ○ ○ 30 on-the-job training courses at the ○ ○ ○ ○ 30 on-the-job training courses.

(4) The Plaintiff, around 17:00, was killed in the line of duty and was in line with the other party's number and the body fighting match. As a result, the instant injury and disease occurred.

[Ground of recognition] Evidence A Nos. 1 through 3, Evidence Nos. 2-1, 2, Eul Nos. 3 and 4, the purport of the whole pleadings

C. Determination

"A disease or injury caused by official duty" under Article 35 (1) of the Public Officials Pension Act refers to a disease or injury caused in connection with the performance of official duty by a public official. On the part of the Ministry related to the performance of official duty, an accident that occurred while conducting a public event, such as a meeting of the affiliated agency, does not include an accident that occurred due to private friendship or hobby activities between official and official duty members, and on the other hand, whether an event is a public event should be determined according to social norms in light of the overall circumstances such as the organizer, purpose, content, number of participants, method of operation, burden of expenses, etc. of the event.

However, in light of the following facts recognized in the above facts, it is difficult to recognize that the instant axis games were conducted by trainees, such as the Plaintiff, according to a private agreement, and the overall process of the event was controlled or managed by ○○○ Training Institute, which was the Plaintiff’s affiliated organization, at the time of the instant stable games. At the time of the instant stable games, the official schedule of ○○ Training Institute was not related to the instant axis practice, and was not related to the instant axis practice, and the instant axis games were carried out in a ethical manner in a ethic place, not by the beginning of the instant games, but by taking into account all the circumstances such as the fact that the instant axis games were carried out by the Plaintiff and other trainees in accordance with a private agreement.

Therefore, it is difficult to see that the injury and disease of this case suffered by the plaintiff while in the Dogdog games of this case was a considerable amount of money for official duties, and for this reason, the disposition of this case where the plaintiff's application for approval of medical care was not approved for official duties is legitimate.

3. Conclusion

Thus, the plaintiff's claim seeking the cancellation of legitimate disposition of this case is dismissed as there is no ground.

Judges OOO -