Gangdong-gu Seoul Metropolitan Government Dongnam-ro 49 degrees

Seoul Gangnam-gu 508 Jinju 508

Head of the Council of the Representatives

Litigation Performers' art.

2. The costs of lawsuit shall be borne by the Plaintiff.

가. 원고는 2002. 10. 10. 간 ( 肝 ) 이식 수술을 받은 사람이다 .

B. The Plaintiff was registered as a person with disabilities of class V pursuant to Article 2(1) of the Act on Welfare of Persons with Disabilities, Article 2(1) and [Attachment Table 1] 12 of the Enforcement Decree of the same Act, Article 2(1) and [Attachment Table 1] 15 of the same Enforcement Decree, and Article 2(1) and [Attachment 1] 15 of the same Enforcement Decree.

C. Meanwhile, the Plaintiff’s father’s knife knife (hereinafter “the Deceased”) retired from office as an elementary school teacher and died on August 2, 2014.

D. On August 18, 2014, the Plaintiff asserted that the Plaintiff constituted a person with at least 19 years of age who was supported by the Deceased at the time of his death, and filed an application for succession to a survivor pension under Article 56(1)1 of the Public Officials Pension Act.

E. On September 30, 2014, the Defendant rendered a non-approval of the Plaintiff’s succession to the survivors’ pension (hereinafter “instant disposition”) on the ground that the Plaintiff’s disability arising from a simple surgery on the ground that the Plaintiff’s disability as a result of the deliberation by the Public Officials Pension Benefit Council’s disability grade does not fall under the disability grade prescribed in Articles 3(2) and 45(1) [Attachment 3] of the Enforcement Decree of the Public Officials Pension Act.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2 and 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

Since the Plaintiff, who received a simple operation, is a person with disabilities between levels 5 and 7 under the Act on Welfare of Persons with Disabilities, it should be deemed that the Plaintiff also constitutes a beneficiary of the survivor pension under the Public Officials Pension Act. Therefore, it is unlawful for the Defendant to deem that the Plaintiff was in a state of disability falling under grades 1 through 7 as prescribed by the Public Officials Pension Act and subordinate statutes enacted by the said delegation.

B. Relevant statutes

It is as shown in the attached Table related Acts and subordinate statutes.

C. Determination

Since the Public Officials Pension Act and the Act on Welfare of Persons with Disabilities are separate laws with independent legislative purposes, determination of whether a person is a beneficiary of a survivor pension under the Public Officials Pension Act shall be made depending on whether the person satisfies the requirements prescribed by the Public Officials Pension Act and subordinate statutes enacted in accordance with the above and above. In determining this, the provisions of the Act

However, Article 3(1)3(b) and Article 3(2)2 of the Public Officials Pension Act, Article 3(2), Article 45(1) and (2) of the Enforcement Decree of the Public Officials Pension Act [Attachment 1], Article 23 of the Enforcement Rule of the Public Officials Pension Act [Separate Table 1] provides that even where a former public official has a long-term disability for his children over 18 years of age, the disability grade shall be the beneficiary of the survivors' pension in Grades 1 through 7, and that is, with respect to a person who falls under Grade 7 of the lowest disability grade, a person whose labor ability is less than 1/2 of the average average person of the disability, or a chronic renal failure, or a person who is in a state of serious compromise after a serious scarcity, a serious scarcity, a serious scarf or a serious scarf.

Therefore, when a beneficiary of a simplified operation under the Public Officials Pension Act is expected to be a beneficiary of a survivor pension, it is reasonable to view that a person who received a simple operation has reduced the ability to work at least 1/2 of the average person after a simple operation, or that a person who received a simple operation at least 1/2 of his/her ability to work at efficial effic effic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic efic e.).

The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

Judges Kang Jae-soo

Rehabilitation of Judges

Related Acts and subordinate statutes

▣ 공무원연금법

Article 3 (Definitions)

(1) The terms used in this Act shall be defined as follows:

3. The term "bereaved family member" means any of the following persons supported by a present or former public official at the time of his/her death:

person who falls under any of the following subparagraphs.

(b) A child (excluding offspring born or adopted after the date of retirement, but an embryo or fetus at the time of retirement shall be retired during his/her service;

A child shall be deemed a child born; hereinafter the same shall apply)

(2) Children and grandchildren referred to in paragraph (1) 3 shall be limited to the following persons:

In such cases, grandchildren shall have no father or whose father has a degree of disability prescribed by Presidential Decree.

(2) if any.

1. A person under nineteen years of age;

2. A person 19 years of age or older who has a disability to the extent prescribed by Presidential Decree.

Article 56 (Survivor's Pension, Survivor's Pension Benefits, Survivor's Pension Benefits, or Survivors' Pension on Duty)

(1) Where a present or former public official falls under any of the following cases, a bereaved family member:

Benefits shall be paid: Provided, That if a public official who has served for at least 20 years dies during his/her service, the bereaved family member's annual

The penalty surcharge shall be separately paid, and the person who was a public official dies or dies before the commencement of the payment of the pension.

Three years from the month following the month in which the day before the date when a beneficiary of a retirement pension or early retirement pension retires;

When death is made within the period, special benefits and special benefits in addition to the survivor pension shall be paid separately.

1. Where a person entitled to receive a retirement pension or early retirement pension dies;

▣ 공무원연금법 시행령

Article 3 (Criteria, etc. for Recognition of Survivors)

(1) A person falling under any item of Article 3 (1) 3 of the Act who is or was a public official;

The criteria for recognition of the facts supported by him at the time of his death are as shown in the attached Table 1.

(2) "Extent prescribed by Presidential Decree" in the latter part of Article 3 (2) of the Act with the exception of its subparagraphs and subparagraph 2 of the same paragraph.

"Disability of disability" means the state of disability falling under any of grades 1 through 7 with disabilities referred to in Article 45. Article 45 (Classification of Degree of Disability)

(1) The degree of disability of a person entitled to disability benefits under Article 51 of the Act (hereinafter referred to as "degree of disability") shall be divided.

C) The degree of disability is as specified in attached Table 3. If there is a disability not specified in the disability grade, the degree of such disability.

The degree of disability shall be determined according to the degree of disability determined according to the degree of disability: Provided, That subparagraphs 2 through 10 shall be determined.

Where there are two or more disabilities falling under a range of disability, attached Table 2 for the serious disability;

After determining the degree of a disability for each part of a physical disability under attached Table 4, a comprehensive disability according to attached Table 4 according to the degree of the disability.

The grade shall be determined.

(2) Detailed criteria for determining disability ratings under paragraph (1) shall be prescribed by Ordinance of the Prime Minister.

[Attachment 1] Criteria for recognition of support by a current or former public official (related to Article 3(1)

A person shall be appointed.

[Attachment 3] Disability Ratings (Related to Article 45(1))

Class I

4. A person who is in need of protection at all times due to a obvious disorder in chest-resistant organs.

Class II

4. A person who needs to be protected from time to time due to a obvious disorder in chest long-term functions.

Class III

4. A person who is unable to engage in labor during his/her lifetime with a conspicuous disorder in chest-and long-term functions;

Class VII

5. A person who has a obvious obstacle to the function of chest long-term, and is not engaged in excluding easy labor;

Class 9

11. Persons whose labor service is restricted to considerable extent due to disorder in chest-and long-term functions;

Class XI:

11. Persons who are left with a disability in the chest heading;

▣ 공무원연금법 시행규칙

Article 23 (Classification and Determination of Conditions of Disability)

The determination of disability ratings under Article 45 (2) of the Decree shall be based on the criteria for determination under attached Table 1.

Article 24 (Determination of Disability Ratings)

(1) Disability ratings under Article 45 of the Decree shall be determined at the end of, or in a preserved treatment stage of, the relevant symptoms.

A decision shall be made in a state where it has been maintained for at least six months without aggravation or defense.

(2) If the status of a disability is not specified in the disability grade specified in attached Table 3 of the Decree, the disability grade.

The most similar disability grade in the table shall be determined.

(3) In determining a disability grade under paragraph (2), the disability grade and physical disability grade shall be determined.

The rate of loss of labor force, etc. shall be comprehensively taken into account.

[Attachment 1] Criteria for determining disability grades by physical parts (related to Article 23)

6. Disability, such as chest clothes and organs;

A. General Principles

The degree of disability, such as chest uniform and long-term, etc., shall be the details and state of the relevant disability and the loss rate of labor force;

together, shall be judged by

(b) Sponsor long-term disability;

1) The impairment of “Scarbing long-term” in attached Table 3 of the Decree shall be the heart, the heart, the closed gate, the head of the Gu, the head of the Gu, the head of the Gu, the head of the Gu, the head of the Gu, the head of the Gu, the head of the Gu,

Certificates of disguised, complaint, or spathy, wing, wing, spathy, spathy, pansh, workplace, bresh, spathy, kid, dump, etc.

It is recognized that any change in the name of a person is recognized and that the function of such person is certified as a disability.

2) All persons who have lost their ability to work are life due to very serious chest-and long-term disability;

To protect others at all times for the disposal action of daily life necessary for maintenance (open protection)

person, i.e., a person who is in a state limited to the patient’s conditions at all times within the scope of daily life;

Subparagraph 4 of Class 1 shall apply.

(iii)to maintain life for those who have lost their ability to work due to serious chest-and long-term disability;

to protect another person from time to time with respect to such action as is required for the daily life of the person;

person, i.e., the scope of daily life required for life maintenance is mainly limited to beds, but meals, urines;

A person who can leave the beds for one-time for walking, etc. in his/her home shall be marked as Class 2 subparagraph 4 of Article 2.

section 22.

(iv)a person whose ability to work is all lost is necessary to maintain life due to a chest-and-long disability;

Action is possible to handle commercial life, but most of them shall not be engaged in labor during their life in the beds.

A person with disability shall be governed by class 4 of class 3.

5) A person whose ability to work is only 1/4 of the average average of the personnel due to a chest-resistant disorder, or

In the state of the inter-scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic

class 3 of class V shall apply to a person.

6) A person whose ability to work is less than one half of the average average of the personnel due to a chest-out disorder; or

The chronic renal failure, the chronic renal failure, the chronic renal failure, the serious renal failure, the serious renal failure, or the severe renal failure; and

A person in a state shall be governed by subparagraph 5 of Class VII.

7) Occupational categories whose ability to work remains to a certain extent, but which are capable of being employed due to a chest-long disability;

The inter-scopic scopic scopic scopics, scopic scopics, scopic scopic

Subparagraph 11 of Class 9 shall apply to a person who is in a state of symptoms, fraudulent beer, or heart disorder.

8) The labor ability still remains to a certain extent, but there is a problem in labor due to a scarbing disorder.

Any person shall be governed by subparagraph 11 of grade 11.

▣ 장애인복지법

Article 2 (Definition, etc. of Disabled Persons)

(1) "Persons with disabilities" means persons with severe restrictions on their daily lives or social lives for a long time due to physical or mental disability.

section 23(3).

(2) Persons with disabilities subject to this Act shall be persons with disabilities referred to in paragraph (1) falling under any of the following subparagraphs:

A disabled person who falls under the types and standards of disability prescribed by Presidential Decree.

1. The term "physical disability" means a disability of major external bodily functions and internal organs, etc.;

▣ 장애인복지법 시행령

Article 2 (Types of and Standards for Persons with Disabilities)

(1) "Persons who meet the types of and the standards for regular disability prescribed by Presidential Decree" in Article 2 (2) of the Act on Welfare of Persons with Disabilities (hereinafter referred to as the "Act") means persons provided for in attached Table 1.

(2) Ratings shall be classified according to the degree of disability, and grades shall be prescribed by Ordinance of the Ministry of Health and Welfare.

[Attachment 1]

The types of and standards for persons with disabilities (related to Article 2)

12. 간장애인 ( 肝障碍人 )

A person whose daily life is substantially restricted due to a chronic functional failure and a failure to function due to a merger, etc. between them;

▣ 장애인복지법 시행규칙

Article 2 (Disability, etc. of Disabled Persons)

(1) Disability ratings of persons with disabilities under Article 2 (2) of the Enforcement Decree of the Act on Welfare of Persons with Disabilities (hereinafter referred to as the "Decree") shall be as specified in attached Table.

1. The same shall apply to 1.

[Attachment 1]

A disability grade table for persons with disabilities (related to Article 2)

12. Transboundary persons;

Class I

A patient diagnosed with chronic diseases (e.g. livers, cell cancer, etc.), whose remaining liver functions are at a upper level C of Pugh - Acugh evaluation, and has a dive multiple mergers, etc., whose liveral cerebral cerebral Bribery exists or whose resistant treatment is not adjusted.

Class II

A patient diagnosed with chronic diseases (e.g., liverosis, cell cancer, etc.), whose remaining liver functions are rated C at the upper grade of Pugh - Apug, and who has the sick capabilities, such as liver-cerebral chronology or sulopic sulpitis during the past two years.

Class III

1. The remaining inter-pug-Pugh from among patients diagnosed with chronic diseases (e.g., liverosiss and liver cell cancers);

A person with grade C in the evaluation;

2. The remaining inter-pug-Pugh from among patients diagnosed with chronic diseases (e.g., liverosiss and liver cell cancers);

A person who has multiple incurableities, livers, etc. while grading B as a result of evaluation or has a merger of livers, etc.

Class V

A person who received a transplant, end.