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1. The decision to revise the grade of a pension for wounds made by the Defendant against the Plaintiff on November 13, 2015 shall be revoked.
2. The costs of lawsuit shall be.
Reasons
1. Details of the disposition;
A. On February 1, 1993, the Plaintiff was diagnosed as Gap upper maram cancer around October 1994, and received treatment, such as taking the Gap upper marmon medicine at the original cycle hospital on November 13, 1995, and received treatment on the part of Gap upper mar medicine at the former Military Pension Act (Amended by Act No. 11632, Mar. 22, 2013); Article 10(1) of the former Enforcement Decree of the Military Pension Act (Amended by Presidential Decree No. 24643, Jun. 28, 2013); Article 47 of the former Enforcement Decree of the Military Pension Act (Amended by Presidential Decree No. 24643, Nov. 25, 2013); and Article 25 subparag. 7 of the attached Table 25 of the former Enforcement Decree of the Military Pension Act (Amended by Presidential Decree No. 24643, Nov. 27, 2013).
B. On August 2010, the Defendant determined that the Plaintiff’s status at the Military Pension Benefit Deliberation Council was “a person who has no obstacle to chest long-term function except for an easy service.” The Defendant notified the Plaintiff of the decision on the payment of the Plaintiff’s disability rating that recognized the Plaintiff’s disability rating as class VII on September 3, 2010, and the Plaintiff filed a request for reexamination with the Military Pension Benefit Review Committee on October 15, 2010, but was dismissed on January 31, 201.
C. After deliberation by the Military Pension Benefits Council on November 12, 2015, the Defendant rendered a decision to revise the Plaintiff’s disability rating other than that of class No. 7 Subparagraph 5 (hereinafter “instant disposition”) on the ground that “the Plaintiff was in a state of having no re-explosion for 20 years up to the present 20 years after he/she was subject to a re-explosion, and there was no re-explosion in 2014 with respect to the current physical condition, and no re-explosion exists
On December 8, 2015, the Plaintiff filed a request for review with the Military Pension Benefits Review Committee, but was dismissed on March 18, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. The case.