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(영문) 서울행정법원 2015.03.27 2014구합3723
유족연금승계불승인결정처분취소
Text

1. On September 27, 2013, the Defendant’s disposition of non-approval for succession to a survivor pension rendered against the Plaintiff shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On July 21, 2013, the Plaintiff asserted that he/she was a beneficiary of retirement pension under the Public Officials Pension Act and retired from office as a public official of Grade V in extraordinary civil service in the racing-si, and that he/she was a person with at least 19 years of age who was supported by the Deceased at the time of his/her death, and that he/she was a person with at least 19 years

8. 9. The Defendant filed an application for succession to the survivor pension.

B. On September 27, 2013, the Defendant rendered a non-approval of the Plaintiff’s succession to the survivors’ pension (hereinafter “instant disposition”) on the ground that the Plaintiff’s disability name of the Plaintiff’s disability as a result of the deliberation by the Public Officials Pension Benefit Council’s disability falls under class 8 (the remaining person with physical disability in spine) of the disability grade under Articles 3(2) and 45(1) [Attachment 3] of the Enforcement Decree of the Public Officials Pension Act (hereinafter “Enforcement Decree”).

[Recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion on spinal disability constitutes “the physical restriction due to the complete flow of the lower part of the bridge” and “the walking site due to the sewage of the lower part of the bridge.” The Plaintiff’s spinal disability falls under class 5 (the remaining person who has a significant physical disability in spine) of class 6 of the disability grade in [Attachment 3] of the Enforcement Decree of the Public Officials Pension Act, and the Plaintiff’s bridge disability falls under class 7 of class 8 of the disability grade [Attachment 3] of the Enforcement Decree of the Public Officials Pension Act (one of the three major sections of the bridge), and falls under class 4 of Article 3(2) and Article 45(1) [Attachment 4] of the Enforcement Decree of the Public Officials Pension Act (hereinafter “Attachment 4”) (hereinafter “Enforcement Decree”).

Therefore, the instant disposition taken on a different premise is unlawful.

(b) The details of the relevant statutes are as shown in the attached statutes.

(c) Fact-finding 1) Injury and disease name, which caused disability in C Hospital on August 8, 2013 (Public Official Pension Disability Diagnosis Form A), is injury and disease: spinal pressure.

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