In a case where a police official completed his duty and entered a car at his own house, and applied for medical care by suffering from an injury or illness such as knife, knife, knife, etc. on the shoulder-sculed ward which was on the floor while getting out of the car, the case holding that the above accident occurred after retirement, and that the injury or disease cannot be deemed as an accident on official duty.

In a case where a police officer completed his/her duties and enters a car at his/her own home after getting out of the car, and applied for medical care for reasons that it was not an accident that occurred during his/her leaving, the case held that the area of his/her residence is a space under the control and management of an individual, under the control and management of an individual, under the control and management of an individual, and there is no relation with the public duties, and that an individual's act in his/her residence is considered to be a private act, and therefore the right of the individual's act in his/her residence is deemed to be terminated, on the ground that the accident occurred after leaving his/her residence, and that the accident occurred after leaving his/her residence, and that the disease cannot be seen as a disaster due to official duties.

Article 14 of the Enforcement Rules of the Public Officials Pension Act

[Defendant-Appellee] Plaintiff (Attorney Kim So-young, Counsel for defendant-appellee)

Public Official Pension Corporation

April 6, 2009

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The Defendant’s disposition of non-approval of medical care for official duties rendered to the Plaintiff on April 17, 2008 shall be revoked.

1. Details of the disposition;

A. At around 18:50 on July 26, 2007, the Plaintiff, a police official, driven a car and parked the car on the ma, entering the west west west 285-1 unit (self-house) located in Yangyang-gun, Gyeonggi-do, and then coming from the car to the building of her own house. The Plaintiff was faced with an accident that fiffs the right eye on the shoulder gate located on the ground while going beyond her to the building of her own house (hereinafter “instant accident”). The Plaintiff filed an application for medical treatment for official duties with the Defendant by suffering from the instant accident.

B. On April 17, 2008, the Defendant rendered the instant disposition that did not approve medical treatment for official duties against the instant sick person on the ground that the instant accident occurred within the private sphere after leaving his office, but did not occur during his leaving his office.

[Ground of recognition] Facts without dispute, Gap 1, 5, 6 evidence, Eul 1, 2 and 3 evidence, video and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion

Although the location of the instant accident was the Plaintiff’s home head, the instant accident ought to be deemed an accident during his/her retirement, and thus, the instant accident ought to be deemed an accident during his/her retirement. Therefore, the instant accident constitutes an accident on official duty, and the Defendant’s disposition to which the instant accident occurred is unlawful.

(b) Markets:

(1) Article 14 of the Enforcement Rule of the Public Officials Pension Act provides that a public official’s injury or death is deemed to be an injury or death in the course of his/her official duty, if he/she is injured or died due to a fall accident that occurred during his/her departure or withdrawal through the normal route and method. The retirement refers to an act that goes back to his/her workplace after completing his/her official duty. While it cannot be deemed an act that is included in a unique official duty, it is an essential act that must be done to perform official duty, it is the purport of the above provision to recognize

(2) In light of the following: (a) the area of a residential area is a space under the control and management of an individual, and is under the control and management of an individual’s inherent risk therein; and (b) the area of a residential area is a private space and an individual’s act performed in ordinary areas should be deemed a private act; and (c) the area of a residential area should be deemed to be terminated when entering the area of a residential area.

(3) In the instant case, since the Plaintiff’s car driving house was turned into the territory of the Plaintiff’s residence, it should be deemed that the act of leaving the house was terminated. Therefore, the instant accident occurred thereafter is an accident after leaving the house, and the instant injury and disease caused by the instant accident cannot be deemed as an accident on official duty. Accordingly, the instant disposition to the same effect is lawful.

3. Conclusion

The plaintiff's claim of this case is dismissed as it is without merit.

Judges Park Jong-chul