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(영문) 서울행정법원 2015.06.05 2014구단16371
상이연금지급불가결정처분취소
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 April 30, 1998, when entering the Army and serving in the Army on September 19, 1997, the Plaintiff was diagnosed as a result of the examination conducted by the Armed Forces Water Service Hospital on the ground that he had abnormal symptoms, and was discharged from the hospital on July 31, 1998.

B. On January 27, 2005, the Plaintiff received notification from the head of the Office of the State Veterans on the ground that “the proximate causal relationship between the occurrence or aggravation of this case’s wound and the military service cannot be acknowledged” on the ground that the Plaintiff applied for registration under the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Service to the State.

The plaintiff appealed against this and received a favorable judgment by the above court after recognizing that there was a proximate causal relation between the difference in this case and the military service by filing a lawsuit to revoke the revocation of the relevant decision corresponding to the person who rendered distinguished services to the State as the District Court 2006Guhap1864, which became final and conclusive on January 23, 2008.

C. Meanwhile, Article 23(1) of the former Military Pension Act (amended by Act No. 11042, May 19, 201) (hereinafter “former Article”) provides that “where a soldier retires from office due to a disease or injury caused by official duty, he/she shall be paid a pension for wounds from the time of his/her death until he/she dies.” On June 24, 2010, the Constitutional Court decided that “the former provision, which does not provide for the payment of a pension for wounds to a soldier whose disability became final and conclusive after his/her retirement from office due to a disease or injury caused by official duty, does not conform with the Constitution,” and that “the former provision shall continue to apply until the legislators revised the Act at the time of June 30, 201,” and thereafter, the Military Pension Act was amended by Act No. 11042, May 19, 201 and Article 23(1) of the same Act is under Article 23(1).”

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