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(영문) 서울행정법원 2013.12.20 2013구합56966
유족보상금부지급결정 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. From June 30, 2010 to June 30, 2010, the Plaintiff’s husband (CB, hereinafter “the deceased”) served as police officials (rank: Inspector) at the publicity office of the National Police Agency.

B. On January 28, 2013, the Deceased attended a meeting held by K, a public relations officer, with E, who works in the online small statistics of the public relations office, and was unable to drink at a singing store. On the following day, at around 21:20 on the number of points 200 meters away from the 200 meters away from the northwest of the Mapo-gu Han River, the Deceased was found to have been concealed by suffering from the impairment of the two sides (e.g., the bones of head, brain species, and the dives of the bones, etc.).

(hereinafter referred to as “instant accident”). C.

On March 18, 2013, the Plaintiff filed a claim for bereaved family's compensation for the instant accident on official duty, but the Defendant had the same year.

5. 20. The Plaintiff’s attending 20. 20. rejected the payment because it was not an extension of official duties, but a private group.

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 1 through 5, Gap evidence No. 12, Eul evidence No. 1 (including each number), and the purport of the whole pleadings.

2. The plaintiff's assertion and its determination

A. The Plaintiff asserted that the Plaintiff participated in the ceremony in accordance with F’s direction, which is the superior of the department to which he belongs, and died after being able to judge due to excessive drinking. As such, the instant accident constitutes a death on official duty under Article 61(1) of the Public Officials Pension Act and Article 13 subparag. 1 of the Enforcement Rule of the Public Officials Pension Act.

Therefore, the instant disposition on a different premise should be revoked as it is unlawful.

(b) Article 61 of the Public Officials Pension Act (Survivor’s Compensation and Survivors’ Compensation for Public Officials who were on duty) (1) In cases where a public official died on official duty while on duty, or dies of a disease or injury resulting from official duty or within three years after retirement, the bereaved family shall be paid the bereaved family’s compensation.

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