1. The plaintiff's claim is dismissed.

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

On May 3, 2011, 201, B, a mother of the Plaintiff, retired while serving as a public official, and died on May 3, 2011 while receiving a retirement pension from the Defendant.

(B) On January 5, 2016, the Plaintiff filed an application for succession to the survivor pension with respect to the Defendant, asserting that there was a disability falling under the disability grade 1 through 7 under Article 3(2)2 of the Public Officials Pension Act and Article 3(2) of the Enforcement Decree of the Public Officials Pension Act as a child aged 19 or older at the time of the deceased’s death.

On March 2, 2016, the Defendant deliberated on the Plaintiff’s disability grade, and rendered a decision not to approve the succession of the survivors’ pension (hereinafter “instant disposition”) on the ground that “the Plaintiff’s disability caused by brain injury and dysia dysia shall fall under class 12 pursuant to Article 45(1) [Attachment 3] of the Enforcement Decree of the Public Officials Pension Act, and the Plaintiff does not fall under the bereaved family under Article 3 of the Public Officials Pension Act.”

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 5, and the purport of the whole pleadings as to the plaintiff's assertion of the purport of the whole pleadings shall not only fall under class 10 of the disability grade 9 due to brain injury to external appearance, but also fall under class 7 subparagraph 12 of the disability grade.

According to the comprehensive disability grade table on overlapping disabilities, the Plaintiff constitutes a bereaved family member under Article 3 of the Public Officials Pension Act, but the disposition of this case otherwise determined is unlawful.

According to Article 3(1)3(b), Article 3(2)2, and Article 56(1)1 of the Public Officials Pension Act, and Article 3(2) of the Enforcement Decree of the Public Officials Pension Act, where a person who was a public official entitled to receive a retirement pension dies, a child of 19 years of age or older who is in the status of disability falling under Grades 1 through 7 of the disability grade can receive a survivor pension.

Article 45 of the Enforcement Decree of the Public Officials Pension Act.