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(영문) 서울행정법원 2013.11.01 2013구합17817

군인상이연금지급거부처분취소

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. After entering Korea on February 17, 1967, the Plaintiff was dispatched to Vietnam from May 20, 1969 to July 1, 1970.

B. On September 11, 1970, the Plaintiff was diagnosed as the head of the relevant local police station due to the fire-fighting disorder, the upper part of the military service, etc., and was sent to the Third Army Hospital on November 26, 1970 and received treatment from the internal department, but was not cured by the internal department, and was discharged from the military on July 31, 1971.

C. 1) The former Military Pension Act (amended by Act No. 11042, May 19, 201; hereinafter “the Military Pension Act before the amendment”).

Article 23(1) of the Military Pension Act provides that “where a soldier retires from office due to a disease or injury incurred in the course of performing his/her duties, a pension for wounds shall be paid from that time until he/she dies.” On June 24, 2010, the Constitutional Court rendered a decision that “Article 23(1) of the Military Pension Act prior to the amendment that did not provide for the payment of a pension for wounds to a soldier whose disability became final after his/her retirement from office due to a disease or injury caused in the course of performing his/her duties does not conform with the Constitution, the foregoing provision shall continue to apply until the legislators revised on June 30, 201 (the Constitutional Court en banc Decision 208Hun-Ba128, Jun. 24, 2010).” After being amended by Act No. 11042, May 19, 2011, the Military Pension Act did not apply the same provision to a soldier or a veteran’s injury after his/her retirement from office.”

On June 21, 2012, the plaintiff was examined by the National Armed Forces Waterworks Hospital.