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(영문) 서울행정법원 2016.08.26 2014구단5111

장해급여부지급처분취소

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. On January 7, 2012, the Plaintiff discovered a person crossing without permission on the road located in Yangyang-gun C, Yangyang-gun, and led him/her to the side, leading him/her to the side, while serving as patrol personnel at the police box B, and provided medical treatment for official duties by July 4, 2013, as follows: (a) the Plaintiff was involved in an accident of shocking his/her head and bridge on the vehicle driven behind that end; (b) he/she was under the influence of the head and bridge on the vehicle driven behind that end; (c) the upper part of the left-hand upper part of the ice, the upper part of the upper part of the upper part, the upper part of the upper part of the body, and the upper part of the upper part of the upper part of the body.

B. After retirement on October 31, 2013, the Plaintiff filed a claim for disability benefits with the Defendant on December 13, 2013, 2013, claiming disability benefits by using the geneous cerebral Bribery-gun and the left-hand sludge damage as a disability injury. However, on January 10, 2014, the Defendant did not have any cerebral cerebral cerebral Bribery-gun that could cause such damage, and on the ground that the left-hand disability status of the slick-gun system does not constitute a disability disability under the Public Officials Pension Act (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 7, 8, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion falls under class 7 disability grade 4 after the Plaintiff’s accident, which was diagnosed by the climatic brain-dead body, and falls under class 7 of disability grade due to the left-hand sludge, but the Defendant’s disposition of this case rendered on the ground that the Plaintiff’s disability injury does not fall under the disability grade under the Public Officials Pension Act is unlawful.

B. Determination on the part of the radioactive cerebral cerebral Bribery 1) Article 45(1) [Attachment 3] of the Enforcement Decree of the Public Officials Pension Act and Article 23 [Attachment 1] of the Enforcement Rule of the same Act provides that disability ratings shall be determined based on the criteria for determination of disability ratings by physical parts of attached Table 1, and disability grade 7 subparag. 4 of the same Act shall not be engaged in any work other