1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On January 14, 1995, while serving in the Army as Staff Staff, the Plaintiff was diagnosed as “malutical life” on May 15, 2006, and was discharged from military service on August 31, 2006 after receiving “Sdomination of work and workplace,” and received “malutical culatory culbing” on January 15, 2008.

B. The Defendant, in 2006, determined the Plaintiff’s disability rating as Class 3 (a person who is not able to engage in labor for one’s life with a significant disorder in the chest long-term function) and Grade 7 (a person who does not engage in any other work than easy labor after having a defect in chest long-term function) in 2012. On April 20, 2017, after deliberation by the Military Pension and Benefits Council, the Defendant determined that the Plaintiff was completely cured for at least five years without the recurrence of cancer, and determined that the degree of loss of the Plaintiff’s ability to work due to the remaining Plaintiff’s remaining disability falls short of Grade 7 (hereinafter “instant disposition”).

C. On July 18, 2017, the Plaintiff filed a request for an examination with the Military Pension Benefits Review Committee, but was dismissed on October 16, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a 4-year patient, and the Plaintiff ought to be represented at least 10 times a day, and since the new wall ought to be represented at least twice a day, it is always difficult to work properly due to numerous difficulties, and thus, constitutes “persons who are unable to work without any easy labor remaining in the chest long-term function.” At the time of the instant disposition, the Plaintiff’s health condition at the time of the instant disposition is not much different from that of the time of 2012. However, the Defendant’s disposition based on the different premise is unlawful.

◇ 군인연금법 제24조(상이연금등급의 개정 등) ① 상이연금을 받을 권리가 있는 사람의 장애의 정도가 호전되거나 악화된 경우에 본인이 청구하거나...