장해급여부지급결정처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. In an administrative litigation as to whether a lawsuit is lawful, the existence of an administrative disposition subject to litigation shall be subject to ex officio investigation as a requirement for litigation and shall not be subject to confession;
(See Supreme Court Decision 92Nu15499 Decided July 27, 1993, etc.). The Plaintiff sought revocation of the disposition on disability benefit site on October 27, 2015, where the Defendant rendered a decision on the payment of disability benefits to the Plaintiff on October 27, 2015, and the Plaintiff filed a request for review on or around January 14, 2016, but the Defendant rendered a decision on the payment of disability benefits site (hereinafter “subject disposition”) on March 24, 2016 on the ground that the causal relationship with disability and official duties cannot be recognized.
However, there is no evidence to find that the Defendant rendered a disposition against the Plaintiff on March 24, 2016.
(A) According to the evidence No. 2, “Public Official Pension Benefit Review Committee” is deemed to have rendered a decision to dismiss the Plaintiff’s above request on March 16, 2016, but such decision cannot be deemed to have been an administrative disposition made by the Defendant). The instant lawsuit is unlawful as it seeks the revocation of an administrative disposition that does not exist.
2. On October 27, 2015, the Plaintiff’s claim cannot be accepted for the following reasons, assuming that the Defendant sought revocation of the decision to pay disability benefits to the Plaintiff on October 27, 2015.
On September 18, 2006, when the Plaintiff was working at the Bosung-gun Office on September 18, 2006, while driving a vehicle and serving at around 08:12 on September 18, 2006, the Plaintiff was faced with an accident of collision with the vehicle and the mutual center line located on the street bed (hereinafter “instant accident”) in front of the Bosung-gun Village, Bosung-gun, Bosung-gun, with the approval of medical treatment for official duties as “the personality and behavior disorder caused by brain damage and functional disorder, the left-hand frame, and the head of the relative shall be restored to the original state, and on December 31, 2014, the Plaintiff is serving until December 31, 2014.
Honorable retirement on July 22, 2015, “The primary mental disorder, R/O(certificate)” (hereinafter “the instant injury”) was diagnosed, and disability benefits were paid to the Defendant.