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(영문) 서울행정법원 2016.07.18 2016구단14836
장해연금부지급처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

As a result of the instant lawsuit, the Plaintiff sought the revocation of the disposition against the Plaintiff on October 27, 2015 on the disability benefit site level (hereinafter “instant disposition”).

A lawsuit seeking the cancellation of an administrative disposition shall be instituted within 90 days from the date on which the existence of such disposition is known: Provided, That where a request for an administrative appeal may be filed, the lawsuit shall be filed within 90 days from the date on which

(Article 20(1) of the Administrative Litigation Act (Article 20(1) of the Public Officials Pension Act). A person who is dissatisfied with a decision on benefits under the Public Officials Pension Act may file a request for review with the Public Officials Pension Benefit Review Committee (hereinafter “Review Committee”) and may not file an administrative appeal under the Administrative Appeals Act (Article 80(1) and (4) of the Public Officials Pension Act). Such review by the Review Committee constitutes a special administrative appeal under Article 4

Therefore, the plaintiff should have immediately filed an administrative litigation within 90 days from the date he/she became aware of the disposition of this case, or filed an administrative litigation within 90 days from the date he/she was notified of the decision of review by the Review Committee on

On December 29, 2015, the Plaintiff received a service of review of the Review Committee on the instant disposition (Evidence No. 1 and No. 4) (Evidence No. 1 and No. 4). Since the instant lawsuit was filed on June 16, 2016, the Plaintiff’s failure to observe the period for filing the lawsuit was unlawful.

Therefore, the lawsuit of this case is dismissed.

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