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(영문) 서울행정법원 2015.11.05 2014구단59118
상이연금 지급불가 결정 처분 취소
Text

1. On May 8, 2014, the Defendant’s decision on the provisional payment of a pension for wounds issued to the Plaintiff is revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. On March 24, 200, the Plaintiff was discharged from military service on March 31, 2010, pursuant to Article 41 subparag. 3 of the Military Personnel Management Act, due to the following: (a) a conical signboard escape certificate (5-6) that was incurred while serving as a noncommissioned officer in the Navy; (b) a lethical typosis; and (c) a lethroid virus virus infection (hereinafter “instant injury disease”); (d) the Plaintiff was discharged from military service on March 31, 2010.

B. On April 1, 2010, the Plaintiff applied for registration of this case’s injury and disease due to the Plaintiff’s performance of duties while performing the Plaintiff’s military service. However, on October 20, 2010, the head of the Changwon branch rendered a decision non-conformity of the requirements for persons of distinguished service to the Plaintiff on the ground that the causal link between the Plaintiff’s performance of official duties and the instant injury and disease is not recognized.

C. Accordingly, on November 15, 2013, the Plaintiff filed an administrative litigation against the head of the Changwon Military Branch seeking the revocation of the aforementioned non-specific decision (Chowon District Court 201Guhap158), and won the case at the first instance court. The head of the Changwon Military Branch rendered a judgment on November 15, 2013 on the Plaintiff’s disability rating due to the HHH virus infection (A person subject to considerable restrictions on employment due to the Plaintiff’s functional disorder or mental disorder) and the comprehensive disability rating under class 4, class 504.

On January 17, 2014, the Plaintiff applied for a request to the Defendant for the payment of a wounded veterans' pension under the Military Pension Act by determining the Plaintiff's grade of a wounded veterans' pension in Grade VII, on the ground that the Plaintiff's symptoms in the after-treatment of the Hague virus have deteriorated.

E. Accordingly, on May 8, 2014, the Defendant fell under class 15 of class 9 (a person whose labor service is limited to a considerable degree due to any other grade or chronic function disorder) of the Plaintiff’s pension grade for wounds 15 (a person whose level of service is limited to a considerable degree due to any other disorder). At the time of discharge, the Defendant received a judgment of class 9 of class 9 of the Military Pension Act at the time of discharge and had already been disabled prior to the amendment of the Military Pension Act, and thus, the amended Military Pension Act

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