The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. According to Article 3(1)3(b) and Article 3(2)2 of the Public Officials Pension Act, Article 56(1)1 of the Enforcement Decree of the Public Officials Pension Act, and Article 3(2) of the Enforcement Decree of the Public Officials Pension Act (hereinafter “Enforcement Decree”), a survivor pension shall be paid to a child aged 19 or older who was a public official entitled to receive a retirement pension and has been supported by him/her at the time of his/her death and is in the state of disability of Grades 1 through 7 of the Enforcement Decree.

According to Article 45 [Attachment 3] of the Enforcement Decree, “a person who has a significant climate or physical disability in spine” shall be determined by disability grade 6, and “a person who has failed to use one of the three sections of a bridge” shall be determined by disability grade 8.

According to Article 23 [Attachment 1] of the Enforcement Rule of the Public Officials Pension Act (hereinafter referred to as the “Enforcement Rule”), where criteria for judging disability ratings are specified with the delegation of the Enforcement Decree, “persons who have a significant physical disability in spine” prescribed in attached Table 3 shall be construed as “persons, etc. whose actual exercise area in spine is limited to not more than 1/2 of the normal exerciseable area” (7. A. 3) and “persons who have failed to use pipes” prescribed in attached Table 3 of the Enforcement Decree [Attachment 3]. The term “persons who have failed to use pipes” shall be construed as “persons whose pipes are completely cut down or whose exerciseable area is limited to not less than 3/4 of the normal exerciseable area due to damage to horses, e.g., s., s.,

[9. A. B. 7) On the other hand, Article 23 [Attachment 1] of the Enforcement Rule provides for a special rule relating to the determination of disability ratings with respect to the protruding escape certificate. According to this, ① in case where there is any incomplete vertebalutism in vertebrates after the recovery of surgery, the 12th grade is recognized (7. b).

4) Na, hereinafter referred to as “Special Rule on vertebral Mafin”

[2] If the verte is carried out after the removal of a conical signboard, class 8 is applied.

5, hereinafter referred to as “verte fixings.”