2015du42190 Revocation of revocation of non-payment of survivor's benefits and funerals

A person shall be appointed.

The Minister of National Defense

Seoul High Court Decision 2014 - 70596 Decided April 21, 2015

November 12, 2015

The appeal is dismissed.

The costs of appeal are assessed against the Defendant.

Based on the circumstances indicated in its reasoning, the lower court determined that the instant accident was an accident that occurred while the Deceased was out of the normal course and method, and that the instant disposition taken on a different premise should be revoked as it is unlawful. In light of the relevant legal principles and records, the lower court’s aforementioned determination is justifiable, and there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on accidents on official duties.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Ko Young-han

Justices Lee In-bok

Justices Kim Gin-young

Chief Justice Lee Ki-taik