The costs of appeal are assessed against the Plaintiff.

Article 23(1) of the former Military Pension Act (amended by Act No. 4705, Jan. 5, 1994) provides that “where a soldier retires from office due to a disease or injury caused by official duty, a wounded veterans’ pension shall be paid according to the following classification until he/she dies from that time.” In light of the language and text of the provision, and thereafter, the provision is amended to add “where a soldier retires from office due to a disease or injury caused after his/her retirement” to “where the disability becomes disabled due to a disease or injury caused after his/her retirement” under the ground for payment by Act No. 10649, May 19, 201, it is interpreted that the provision is applied in cases where he/she retires from office after the determination of the disability caused by an

The term "the condition of disability caused by a disease or injury" means a state in which a disease or injury was cured but has a permanent mental or physical disability, and the term "cure" means a state in which the effect of treatment for a disease or injury cannot be expected or where its symptoms are fixed.

(2) Article 166(1) of the Civil Act provides that “The right to receive benefits shall expire upon the date on which the grounds for benefits arise, unless the right to receive benefits is exercised within five years from the date on which the grounds for benefits arise.” Such extinctive prescription does not run from the time when the right can be exercised pursuant to the provision of Article 166(1) of the Civil Act and is unable to exercise the right.” Here, “the right shall not be exercised” refers to a case where the grounds for disability, such as the non-existence of the period or the non-performance of the conditions, exist in the exercise of the right. In fact, the existence of the right or the possibility of exercise of the right is not known.