[Seocho-dong Legal Talk] "Civil Servant Who Died Crossing Street Illegally After Company Dinner Should Not Have 'Reduced Death Benefits'"

Drunken Public Official Jaywalking on Road After Company Dinner
Court: "Not Personal Negligence... Halving the Death Benefit Is Unfair"

The court ruled that the public official who died while jaywalking in a drunken state after a company dinner is considered to have died in the line of duty without personal negligence. The photo is unrelated to the article content. [Image source=Yonhap News]

[Asia Economy Reporter Kim Daehyun] Mr. A (51, male), a grade 6 public official, attended a district office dinner on June 10, 2020, around 6:30 PM. The event was held under the pretext of an 'employee encouragement and operations-related meeting.' Including his superiors, six public officials attended, and they consumed 12 bottles of soju and 3 bottles of beer.

Mr. A left the gathering around 9:30 PM the same day and headed home. About an hour later, he was involved in a traffic accident while jaywalking near his residence. The road had a speed limit of 60 km/h. He was immediately taken to the hospital but passed away the next day.

The bereaved family filed a claim for 'line-of-duty survivor benefits' at the end of October that year. The Ministry of Personnel Management recognized the line-of-duty death but applied 'partial fault with approval,' acknowledging personal negligence and decided to pay only half of the benefits. Although the accident occurred after an official dinner and during his commute home, Mr. A's jaywalking was considered a clear violation of safety rules, especially given his intoxicated state.

Article 62, Paragraph 3, Item 1 of the current Public Officials Pension Act and its enforcement decree stipulate that 'if a disease or injury or death occurs due to serious negligence, or if recovery is hindered, half of the benefit amount must be reduced.'

The bereaved family argued that "it is unfair to hold Mr. A responsible" and filed an administrative lawsuit. They claimed, "As a middle manager, he had no choice but to drink more than usual at the dinner. This impaired his judgment, leading to jaywalking." They also appealed, "Moreover, the vehicle involved exceeded the speed limit by 25 km/h. The driver's fault was greater."

According to the legal community on the 14th, the Seoul Administrative Court, Administrative Division 13 (Presiding Judge Park Jeongdae) recently ruled in favor of the bereaved family, stating that "considering the purpose and intent of the Public Officials Pension Act, 'serious negligence' should be interpreted strictly."

The court stated, "Mr. A appeared to have consumed a considerable amount of alcohol at the dinner attended by six people (three men and three women), and there is no evidence that superiors tried to discourage or stop the excessive drinking." It added, "The dinner was work-related, making it unavoidable that he became intoxicated, and as a result, he lost normal judgment and jaywalked involuntarily, leading to the accident."

The court further explained, "The jaywalking is an offense punishable by a fine, detention, or penalty not exceeding 200,000 won. Considering the circumstances and degree of the act, it is difficult to regard it as a serious criminal act. Therefore, it does not fall under 'serious negligence' as defined by the enforcement regulations." It added, "The vehicle exceeded the speed limit, and the impact caused Mr. A severe injuries. This also played a major role in the accident."

This content was produced with the assistance of AI translation services.