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(영문) 서울행정법원 2019.01.18 2018구합71298
상이연금 지급불가 결정처분 취소
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 August 1, 2005, the Plaintiff was in the Army so-called, and was promoted respectively to First Lieutenant on August 1, 2006 and Captain on December 1, 2007.

On June 26, 2008, the Plaintiff was appointed as the 12th unit of the 12th unit of the 12th unit of the company and the 12th unit B. However, on March 18, 2009, the Plaintiff was assigned to a position only on the ground of the leading leading failure and the neglect of duty. On May 28, 2009, the Plaintiff was assigned to the Gun Planning Office C and D officer on the ground of his duty abandonment and insult. However, on June 7, 2010, the Plaintiff was discharged from a position again on the ground of his/her superior.

B. On May 10, 2010, the Plaintiff was diagnosed as “mental observation” by the Armed Forces Water Service Hospital, and on December 2, 2010, the Armed Forces Water Service Hospital diagnosed as “unexploitic psychosissis” and was hospitalized in the Armed Forces Water Service Hospital from December 6, 2010 to February 17, 201, and from March 8, 201 to April 29, 2011.

On April 30, 201, the plaintiff was judged as Grade 5 with a mental disorder due to the early childhood, and was discharged from military service on April 30, 201.

C. On June 2, 2017, the Plaintiff filed a claim for pension for wounds with the Military Pension Benefits Council.

However, on November 15, 2017, the Military Pension Benefits Council decided to refuse the payment of a wounded veterans' pension on the ground that "the wounded veterans' pension under the Military Pension Act was paid in the case of retirement of a soldier due to a disease or injury caused by official duty, and five years have elapsed since the date of discharge of the plaintiff, the plaintiff's right to claim a wounded veterans' pension (hereinafter "the right to claim") became extinct due to the expiration of the extinctive prescription," and the defendant notified the plaintiff on November 30, 2017.

(hereinafter “instant disposition”) D.

On February 15, 2018, the Plaintiff filed a request for review with the Military Pension Benefit Review Committee, but the said Committee dismissed the Plaintiff’s request for review on April 9, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The extinctive prescription of the Plaintiff’s claim of this case may be exercised by the Plaintiff.

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