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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 February 1, 1974, the Plaintiff entered the Air Force and was on duty under the night maintenance unit of the Air Force 100 Air Force. On March 15, 1977, the Plaintiff was under the diagnosis of “vertebrate infection” by a merger witness after he went beyond the 5th century while maintaining an aircraft, and was under the 1,000 Air Force 10,000 Air Force 10.
After that, the plaintiff was discharged from military service upon the judgment of Grade VI of mental and physical disorder on April 30, 1978, as symptoms, such as restrictions on invertebrate sports, side fluora, fluora, fluoral fluoral fluoral fluor, fluoral fluoral fluora,
B. The Plaintiff was registered as a person of distinguished service to the State on March 27, 1979, upon receiving a physical examination judgment from the Board of Patriots and Veterans Entitlement that the Plaintiff constitutes a soldier or policeman wounded on duty, which constitutes a soldier or policeman wounded on duty.
C. On June 24, 2010, the Constitutional Court rendered a ruling of inconsistency with the Constitution to the effect that Article 23(1) of the former Military Pension Act (amended by Act No. 10649, May 19, 201) (hereinafter “former Military Pension Act”) did not provide for the payment of pension for wounds to soldiers whose disability became final and conclusive after retirement from office due to a disease or injury caused in the course of performing official duties is inconsistent with the Constitution, and that it may continue to apply only until the time when the legislators amended the Act as of June 30, 201.
The Constitutional Court Order 208Hun-Ba128 Decided June 24, 2010 (hereinafter “Unconformity to the Constitution of this case”). The provisions of the former Act, on May 19, 201, amended not only “when a soldier retires from office due to a disease or injury caused by official duty,” but also “when a soldier becomes disabled due to such disease or injury after his retirement,” and enforced the same day on the same day until he dies (hereinafter “Article 23(1) of the Military Pension Act amended by Act No. 10649, May 19, 201).