1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. B is the Plaintiff’s reference.

B, as a reserve soldier, died on June 12, 2015 while receiving a retirement pension under the Military Pension Act.

(hereinafter referred to as “the deceased”). B

The Plaintiff caused cerebrovascular on December 5, 2015, and was registered as a person with a disability of grade 3 on June 30, 2016.

C. The Plaintiff, as his bereaved family member, claimed that he had the right to receive the survivors’ pension under the Military Pension Act and claimed that the Defendant is entitled to receive the survivors’ pension.

On March 11, 2016, the Defendant rendered a decision to deny the recognition of the beneficiary of the survivor pension (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as a bereaved family member under the Military Pension Act as at the time of the death of the deceased.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, and the purport of whole pleading

2. The assertion and judgment

A. The Plaintiff asserted that he suffered from high blood pressure and blood transfusion on February 27, 2012, which was before the deceased’s death.

Since the blood transfusion, which caused the plaintiff's disability, was the cause of the above high blood pressure, etc., the plaintiff should be deemed to have been the potential disability at the time of the deceased's death.

Nevertheless, the instant disposition that deemed that the Plaintiff’s disability did not constitute a bereaved family under the Military Pension Act at the time of the death of the deceased was unlawful on the premise that the Plaintiff’s disability occurred after the deceased’

(b) Entry in the attached Form of relevant statutes;

C. 1) According to the Military Pension Act and the Enforcement Decree of the Military Pension Act, if a person who is or was a soldier who has the right to receive the retirement pension dies, his/her bereaved family is entitled to receive the survivors’ pension (in cases of a soldier who is or was a soldier of the age of 19 or older, his/her bereaved family is entitled to receive the survivors’ pension (Article 26(1)1 of the Military Pension Act and Article 47 of the Enforcement Decree of the Military Pension