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(영문) 서울행정법원 2017.06.27 2015구단59337
장해연금부지급결정처분취소
Text

1. On February 5, 2015, the Defendant’s disposition of additional payment of disability pension against the Plaintiff on February 5, 2015, refers to the case where the injury is unknown.

Reasons

Details of the disposition

The Plaintiff is a person appointed as a police officer on February 5, 1983 and served until August 31, 2014. On April 27, 2006, the Plaintiff approved medical treatment for official duties on the left-hand side of the self-exploited brain-exploited brain-exploited brain (hereinafter “approval-exploited injury”). On January 9, 2008, the Plaintiff received medical treatment for an additional injury.

On September 29, 2014, the Plaintiff’s “psychological disability and two parts” to the Defendant on September 29, 2014, is the injury and disease (the injury and disease caused by the disability: the detailed brain resistant explosion, the detailed brain explosion of the unknown sensymosis, the detailed sensymal lasium, and the detailed symical loss of the unknown symal lab (hereinafter

[2] On February 5, 2015, the Defendant dismissed the Plaintiff’s claim on the ground that “it is difficult to deem the instant injury and disease to fall under the degree of disability falling under the disability grade prescribed in the Enforcement Decree of the Public Officials Pension Act.”

(hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed a petition for review with the Public Official Pension Benefit Review Committee, but was dismissed on June 3, 2015.

[Ground of recognition] The Plaintiff’s assertion as to the legitimacy of the disposition of this case as to whether the disposition of this case is legitimate or not as to the facts without any dispute, Gap’s Nos. 4, 6, and Eul’s Nos. 1 and 2 (including the Serial Nos. 1 and 2), and the whole purport of the pleading is obvious, and it constitutes a disability grade as provided in the Enforcement Decree of the Public Officials Pension Act.

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

Where a public official under Article 51 (Disability Pension or Disability Compensation) of the Public Officials Pension Act falls under any of the following cases, he/she shall be paid a disability pension or disability compensation according to the degree of disability prescribed by Presidential Decree:

1. Where he/she retires from office in a disabled state due to a disease or injury incurred in the line of duty, or is disabled by such disease or injury after retirement;

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