1. The Defendant’s disposition of provisional payment of survivor pension against the Plaintiff on December 31, 2012 is revoked.

2. The costs of lawsuit shall be.

1. Details of the disposition;

A. The deceased B (hereinafter “the deceased”) retired from office as a soldier and died on October 20, 2012 after receiving a retirement pension from the Defendant.

B. On November 7, 2012, the Plaintiff (C) who is the son of the Deceased filed a claim for survivor pension with the Defendant, and on November 16, 2012, upon receiving the judgment of disability grade No. 7 disability No. 5 at the National Armed Forces Waterworks Hospital, the Defendant issued a disposition to refuse the payment of survivor pension against the Plaintiff on December 31, 2012, on the ground that “The Plaintiff is a child of 18 years of age or older of the Deceased and does not fall under disability (Grade 1 through 7) as prescribed by Article 3(2) of the Enforcement Decree of the Military Pension Act (amended by Presidential Decree No. 24379, Feb. 20, 2013; hereinafter the same shall apply).”

(hereinafter “instant disposition”). C.

On February 15, 2013, the Plaintiff filed a petition for retrial seeking revocation of the instant disposition with the Military Pension Benefits Review Committee by the Ministry of National Defense. However, on July 15, 2013, the Plaintiff was dismissed by the said Committee.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a state where the Plaintiff received treatment for the treatment of liver cell cancer and malicious forest species, but there is an obstacle in liver functions and immunity has been significantly lowered.

The Plaintiff’s condition of disability falls under Article 47 [Attachment 2] 3 of the Enforcement Decree of the Military Pension Act / [Attachment 2] 5 of the disability rating table / [Attachment Table 2] 5 of the Enforcement Decree of the Military Pension Act (a person whose disability in the chest long-term function of chest long-term is not engaged in any work other than an easy service) or subparagraph 5 of Grade 7 (a person whose disability in chest long-term function of chest long-term function remains and who

(b) as shown in the attached Form of the relevant statutes;

C. The Plaintiff’s medical opinion on the condition of disability 1) Seoul National University Hospital (the Medical Certificate No. 4 dated January 23, 2013), and the Plaintiff evidence No. 4.