유족연금승계불승인결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On November 6, 2014, the Plaintiff, the father of the instant disposition, retired from office as a public official, and died on November 6, 2014 while receiving a retirement pension from the Defendant.
(hereinafter “B”. At the time of the death of the deceased, the Plaintiff filed an application for succession to the survivor pension with respect to the Defendant, alleging that he/she was in a state of disability falling under the disability grade 1 through 7 under Article 3(2) of the Enforcement Decree of the Public Officials Pension Act, as a child over
On December 19, 2014, the Defendant rendered a decision not to approve the succession of the survivor pension on the ground that “the Plaintiff’s disability caused by the escape certificate (No. 5-6-7) of a light signboard by the Plaintiff constitutes class 8 (the remaining disability in spine) among disability ratings in [Attachment 3] of Article 45(1) [Attachment 3] of the Enforcement Decree of the Public Officials Pension Act.”
(2) The Plaintiff asserted that the Plaintiff’s disability rating arising from the escape from a warning sign falls under class 6 on the following grounds, and the Plaintiff’s disability rating arising from the escape from a warning sign falls under class 6, and thus, the instant disposition based on a different premise is unlawful.
According to the public official pension disability examination report issued by the relevant school hybrid hospital of the pertinent household class 5 of the disability grade 6, the Plaintiff falls under the category 5 of class 6 (the remaining person who has a significant physical disability in spine) since the Plaintiff falls under the category 5 of the 50% or higher due to the escape certificate of light signboards escape.
In the disability grade 6, the pertinent Plaintiff received vertebrate ebrate ebrate in the parallel of 5-6, 6-7 in the parallel of duplicate disabilities, and thus, it is reasonable to apply the disability grade 8 to the escape from the side of 5-6 and 6-7 in the parallel of light disabilities, and if these disabilities are added up, the Plaintiff’s comprehensive disability grade is the grade 6 in the future.
The attached Form of the relevant Acts and subordinate statutes shall be as follows.
Facts of recognition
Medical treatment of conical signboards escape certificates, and such treatment.