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(영문) 서울행정법원 2020.09.25 2018구합72635
유족 불인정 처분 취소 청구
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On September 5, 2016, the Plaintiff’s father B (hereinafter “the deceased”) retired from office as a public official and received a retirement pension from the Defendant, and died on September 5, 2016.

B. At the time of the deceased’s death, the Plaintiff filed an application for deliberation on recognition of bereaved family with the Defendant, asserting that the deceased’s children aged 19 years or older fall under the disability grade I through VII under Article 3(2)2 of the former Public Officials Pension Act (wholly amended by Act No. 15523, Mar. 20, 2018; hereinafter “former Act”) and Article 3(2) of the former Enforcement Decree of the Public Officials Pension Act (wholly amended by Presidential Decree No. 29181, Sept. 18, 2018; hereinafter “former Enforcement Decree”).

C. On January 2, 2018, the Defendant issued a notification to the Plaintiff on the ground that the Plaintiff falls under class 7 of class 8 of the Enforcement Decree of the former Enforcement Decree of the Act on the ground that the Plaintiff’s “the Plaintiff was unable to use one of the three sections sections of one bridge” (hereinafter “instant disposition”).

The Plaintiff filed a petition for review seeking revocation of the instant disposition on January 31, 2018, but the Public Official Pension Benefit Review Committee rendered a decision of dismissal on April 19, 2018 and served the Plaintiff on the 30th day of the same month.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 1 and 2 (including each number), the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion that the Plaintiff’s disability grade fell under class 7 or higher, and thus, the instant disposition is unlawful on a different premise.

1) The degree of disability of the Plaintiff’s satisfaction constitutes “a person who could not use a leg permanently permanently.” 2) The degree of disability of the Plaintiff’s satisfaction is considered as “a person who failed to use one of the three sections of the three sections of the leg,” under class 7 of class 8, such as the Defendant,” and apart from this, the Plaintiff’s bridge under class 8 of class 10 is shorter than 3 centimeters.

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