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(영문) 서울행정법원 2020.11.27 2019구합53495
유족연금신청 거부처분 취소의 소
Text

1. On February 6, 2018, the Defendant’s decision not to recognize the beneficiary of the survivor pension that the Plaintiff rendered against the Plaintiff is revoked.

2...

Reasons

Details of the disposition

B (hereinafter “the deceased”) was discharged from military service on June 30, 1976 under the Presidential Decree of the Army, and died on September 3, 2017 while receiving a retirement pension.

On November 27, 2017, the Plaintiff, a deceased’s child, claimed on November 27, 2017 that “the deceased’s child was at least 19 years old at the time of the deceased’s death,” and claimed the payment of the survivor

In the medical examination that was submitted by the Plaintiff at the time, November 15, 2017, the date of the examination was 0.2 and the date of the examination is 0.02 or less of 0.02 or less of 0.02, the number of fingers can not be accelerator and only his/her movement can be identified. (Before the examination of Doctrine (hereinafter referred to as “instant disability”).

On February 6, 2018, the Defendant rendered a decision not to grant recognition of the recipient of the survivor pension (hereinafter “instant disposition”) on the ground that “the status of the instant disability does not fall under the disability grade prescribed in attached Table 2 of Article 47 of the former Enforcement Decree of the Military Pension Act (amended by Presidential Decree No. 28684, Feb. 27, 2018; hereinafter the same shall apply).”

Criteria for determination of the grade of a pension for wounds (related to Article 47)

1. Grade I:

(a) A person who has two snow real names;

2. Grade II:

(a) A person whose real name, and the eyesight of another eye does not exceed 0.02;

(b) Persons whose visual strength of both eyes does not exceed 0.02, respectively;

3. Grade III:

(a) A person whose real name, and the eyesight of another eye does not exceed 0.06;

4. Grade IV:

(a) Persons whose eyesight of both eyes does not exceed 0.06 respectively;

5. Grade V:

(a) A person whose real name, and the eyesight of another eye does not exceed 0.1;

6. Grade VI:

(a) Persons whose eyesight of both eyes does not exceed 0.1 respectively;

7. Grade VII:

가. 한 눈이 실명되고 다른 눈의 시력이 0.6 이하로 된 사람. [별표 2] 원고는 2018. 4. 6. 검안 결과 원고의 시력이 ‘우안 0.1, 좌안 광각무(光覺無, 명암조차 가리지 못하는 상태)’로 측정되자, 2018. 4. 9. 군인연금급여재심위원회에 이 사건 처분에 대한 심사 청구를 하였으나, 군인연금급여재심위원회는 2018. 11....

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