장애등급조정 불승인처분 취소 청구의 소
1. The Defendant’s disposition of disability ratings rendered against the Plaintiff on September 18, 2014 is revoked.
2. The costs of the lawsuit are assessed against the defendant.
1. Details of the disposition;
A. On January 30, 2008, while working in the military as a cleaning driver of the Gangwon-gu B Group, the Plaintiff received medical care for official duties until January 29, 2010, such as “the release frame No. 12 in the chest 12 in the chest, the damage from the snife of the snife (nife) and the cage cage cage cage cage cages.”
B. After retirement from office on August 31, 2014, the Plaintiff filed a claim for disability benefits with the Defendant on September 11, 2014, on the ground that the Plaintiff constitutes a person who is unable to engage in an act other than an easy service in particular, on the ground that he/she constitutes a person who is not engaged in the Plaintiff’s disability (hereinafter “instant disposition”). On September 18, 2014, the Plaintiff’s disability rating was determined as class 5 2 (hereinafter “instant disposition”).
C. The Plaintiff filed a request for review with the Public Official Pension Benefit Review Committee, but was dismissed on November 1, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion constitutes class 8 (a person who could not use a two bridge permanently) or class 3 (a person who could not engage in work for life during his/her life with a significant disorder in the function or mind of the new relationship) of the disability grade 1 or class 3 (a person who could not work for life during his/her life with a significant obstacle to the function or mind of the new relationship) but the Defendant’s disposition that determined the Plaintiff’s disability grade 2 on a different premise is unlawful.
B. If a public official under Article 51 of the Public Officials Pension Act (amended by Act No. 13387, Jun. 22, 2015) (Disability Pension or Disability Compensation) retires from office in a state of disability due to a disease or injury incurred in the course of performing official duties, or becomes disabled due to such disease or injury after retirement, disability pension or disability pension is paid at his/her own request, according to the degree of disability prescribed by Presidential Decree.