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(영문) 서울행정법원 2017.01.20 2016구단55523
장해급여부지급처분취소
Text

1. On November 17, 2015, the Defendant’s disposition of disability benefit site payment against the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On July 9, 2003, while serving as the person in charge of the General Welfare Center B in Yangyang-si, the Plaintiff was diagnosed as “Masung-si,” and was diagnosed as “Masung-si,” and on September 17, 2003, the Plaintiff was approved for medical care for the above injury and disease in the line of duty.

B. From September 2, 2003, the Plaintiff received blood marble surgery from the Hanyang University Hospital on June 22, 2004, but lost the function of the extension transplant received due to immunodeficiency refusal, thereby controlling the extension to the right-hand side of the transplant received on September 2, 2008. On March 27, 2013, the Plaintiff received hartition surgery on the left-hand side at the Seoul Asan Hospital.

C. On October 31, 2015, on November 7, 2015, the Plaintiff filed a claim for disability benefits with the Defendant on the ground that “the state of further disability due to the universal disability disorder” was not a disability disability under the Enforcement Decree of the Public Officials Pension Act. However, on November 17, 2015, the Defendant rendered a disposition on disability benefits site payment (hereinafter “instant disposition”) on the ground that the Plaintiff does not fall under the disability grade under the attached Table 3.

The plaintiff filed a request for review with the Public Official Pension Benefit Review Committee, but was dismissed on March 16, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was made on March 27, 2013 due to a chronic renal failure, and the Plaintiff’s claim was made on the ground that the Plaintiff fell under class 5 of the disability grade 7 (except for a person who has a significant obstacle to the function of the chest long-term with a chest long-term disability remaining and has failed to engage in an easy work) and thus falls under class 5 of the disability grade 7 among the five stages of chronic bedne’s disease, in full view of the current progress ratio, etc., the instant disposition

B. Where a public official under Article 51 (Disability Pension or Disability Compensation) of the Public Officials Pension Act (Amended by Act No. 13387, Jun. 22, 2015) (Amended by Act No. 13387) retires from office due to a disease or injury incurred in the course of performing official duties, or such disease or injury after retirement.

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