1. The plaintiff's claim is dismissed.

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

Basic Facts

B As of November 17, 2012, the mother C succeeds to the sole inheritance, and C was deceased on August 18, 2014 and jointly succeeded to the Plaintiff (B) who is a child and D.

The Act on Pensions for Persons with Disabilities stipulates that persons with Disabilities 1 and 2 and persons prescribed by Presidential Decree of Grade 3 shall be persons with severe disabilities, and only persons with severe disabilities who are below the recognized amount of income publicly notified by the Minister of Health and Welfare among persons with severe disabilities are entitled to receive a disability pension.

(See Articles 2 subparag. 1 and 4(1) B). From July 1, 2010 to July 1, 2010, B registered as a recipient of mental disability II and a basic living recipient and received a large amount of disability pension of 154,600 won per month (based on 2012).

In accordance with Article 32 of the Act on Welfare of Persons with Disabilities and Article 11(2) of the Act on Pension for Persons with Disabilities, the Defendant requested the National Pension Service to examine the disability grade B, and on November 28, 2011, the Defendant was determined as Grade 3 of the Act on Pension for Persons with Disabilities.

Accordingly, the person in charge of the community service center belonging to the defendant has suspended the disability pension from around October 2012 and notified the recovery of the disability pension from January 2012 to September 2012 which was already paid, and instead, paid a large amount of disability allowance of 30,000 won every month pursuant to Article 49 of the Welfare of Disabled Persons Act (as of 2012).

On the other hand, B suffered from chronic renals for more than four years prior to the death, separate from the above mental disorders, and due to this, he/she must receive three times a week blood malkites. Since August 10, 201, he/she voluntarily suspended blood malkins, but resumed blood malkins from around July 9, 2012, and died on November 17, 2012.

【A-based dispute on the basis of recognition, Gap’s evidence Nos. 1, 13, 15, 16, 17, Eul’s evidence Nos. 1 and 2 (including additional numbers), the plaintiff’s assertion of the purport of the whole pleadings, and even if the plaintiff’s mental disorder grade B’s assertion was lower from Grade II to Grade III, B at the time falls under Grade II.