2015Guhap8060 The revocation of revocation of the disposition to revoke a public official who died on duty.

Park ○

Jung-gu Incheon Jung-gu Mannamro

Law Firm Zon (Attorney Cha Jong-soo et al., Counsel for the plaintiff-appellant)

The Minister of Personnel Management

Only the litigation performer field award

December 1, 2015

December 18, 2015

1. The Defendant’s refusal to pay survivors of public officials who died on May 6, 2015 shall be revoked.

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

The order is as set forth in the text.

1. Details of the disposition;

A. On August 11, 2014, while serving as a immigration investigator at the investigation department of the Incheon Immigration Office, the Plaintiff’s spouse ○○ was killed due to the fact that the Plaintiff fell from the upper part of the third floor (2.6m high) that was created by blocking the middle of the third floor (2.6m high) in which he/she performed the search duty after being informed of the existence of an illegal alien, and was dispatched to the hospital, and received medical treatment at the hospital due to the injury in the head’s part, on September 17, 2014.

B. The Defendant: (a) died of Cho○○○ (hereinafter “the Deceased”) constitutes death on official duty; (b) on May 6, 2015, deemed that it is difficult to deem that the death was the direct cause of the injury that occurred while performing duties at the risk of causing high risk to the life and body of a net public official, which is a requirement for a public official in the position of the deceased; and (c) rendered a disposition rejecting the payment of the death of the deceased who died on duty to the Plaintiff (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 6, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A public official who died on duty refers to a public official who died directly due to the injury incurred in performing his/her duties at the risk of causing high risk to his/her life and body (Article 3(1)2 of the Public Officials Pension Act).

However, in light of the following facts and circumstances, each entry of Gap evidence Nos. 1 through 8, each image of Gap evidence Nos. 9 and 10, the witness highest ○○, and Han Mine Water testimony, and the purport of the entire pleadings, the deceased seems to have died as a direct cause of the injury incurred in performing his/her duties at the risk of causing high risk to the life and body of the deceased.

① On July 29, 2013, the Deceased was selected as a immigration investigator who is specialized in the duty of immigration control and safe guard, and was in charge of planning and investigation and control of illegal aliens.

On August 8, 2014, the Deceased was informed that 30 persons of Vietnam’s nationality were being illegally employed, and the level of 30 persons was located inside the guard room at the control time, and that they could not be controlled at the time of the past inspection. On August 15, 2014: (a) on the first and second floors, the Deceased was dispatched to the site to crack down foreigners, etc., and arrested four illegal aliens on the second floor and second floor, and (b) on the third floor, the Deceased and the Climin were not fixed on October 27, 200 from the third floor to further control. (c) On the third floor, the panel of the Deceased and Climin were down to 3rd floor, and the panel of the Deceased did not fall. (d) on the third floor.

② Unlike information at the site of this case, four illegal aliens were arrested, and at the guard room, only four illegal aliens were arrested, and there was a hidden space inside the guards, and thus, the deceased and the control team searched three floors of a factory that is anticipated to be hidden by other illegal aliens. On the same day, light was coming to a certain extent, but the deceased could have confirmed that he had a personal name on the third floor as above, while he was under the direction of the employees’ control by using search hand, etc., and was under the direction of the employees. The deceased testified that ○○○○ City, which carried out the control duty together with the deceased, her panel was opened and she went back to it by recognizing that it was dangerous.

The Deceased, as the head of the control team, went to the third floor while investigating and checking the place where the Team members were in progress once again, and judged that there was a space sufficient for illegal aliens to conceal the space between them in the location of a panel of about 0.27m low from the third floor and that it was crashed in the process of confirming it.

③ The purport of the Public Officials Pension Act is to stipulate the compensation system for public officials who died on duty in order to protect the lives and property of the people, by strengthening the compensation for the bereaved families of public officials who died on duty while performing their duties in a situation in which high risk of death or body is predicted, so that the bereaved families of public officials who died on duty can lead a stable life, and that public officials who are engaged in dangerous duties can be able to

In light of the purport of the compensation system for the public official who died on duty, the structure that is likely to collapse as seen in the instant case may be highly dangerous to the Plaintiff’s life and body, who performed search and control duty. In a case where the structure collapses along with the collapse of the structure, resulting in the death, it can be deemed that the Plaintiff died as the direct cause of the injury incurred while performing his duty.

Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.

Judges Kim Jong-tae

Judges Kim Young-young

Judges Maap-man

Relevant statutes

▣ 공무원연금법

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 full-time in a public service job:

(a) Any public official under the State Public Officials Act, the Local Public Officials Act, or other Acts: Provided, That military personnel and election shall be held;

Any public official appointed shall be excluded.

(c) 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 who falls under subparagraph 1 and who suffers from high risk to his/her life and body;

Any of the following injuries (a hazard) incurred in performing his/her duties and directly resulting in such injury:

The term "public official who died" means a public official who died as a cause: Provided, That it is directly responsible for any of the following risks:

A public official who died of a disease not caused by the death of official duty shall be excluded.

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

(b) Guard guards defined in subparagraph 3 of Article 2 of the Act on the Performance of Duties by Police Officers, security escort of important persons (person), counter-espionage, or squad;

Affairs related to traffic control and traffic hazard prevention under subparagraph 5 of the same Article, which are incurred in conducting counter-terrorism operations;

Injury sustained during commission

(m) Other injury deemed by the Line of Duty 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 75-2 (Death Compensation Review Committee)

(1) The Ministry of Personnel Management shall deliberate on matters concerning the payment of benefits for survivors of public officials who died on duty (hereinafter referred to as "examination").

The Committee shall have the Committee (D).

(2) The Review Committee shall be comprised of not less than seven, but not more than nine members, including a Chairperson.

(3) The Minister of Personnel Management shall serve as the chairperson, and the following persons shall serve as the members:

1. A public official of Grade III or higher in the Ministry of Strategy and Finance, the Ministry of Justice, the Ministry of Personnel Management, and the Ministry of Patriots and Veterans Affairs;

one person recommended by the head of his/her affiliated agency, respectively.

2. Other persons with extensive knowledge and experience and commissioned by the Minister of Personnel Management.

(4) If necessary for deliberation, the Review Committee shall request the relevant public officials, interested persons, etc. to appear or assist in deliberation.

(g) A state agency, local government, or the GEPS may request it to submit materials. In such cases, materials shall be submitted.

State agencies, local governments or the GEPS requested to submit materials shall comply with such request, except in extenuating circumstances.

(c)

(5) Matters necessary for the organization and operation of the Examination Committee shall be prescribed by Presidential Decree.