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(영문) 서울행정법원 2019.08.02 2018구합88012
공무원연금급여재심위원회결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On January 17, 1987, the plaintiff was approved for medical care for official duties, under the diagnosis of "the state of the ice wave, the ice urine urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical urgical ar

Even after retirement from office around October 31, 2016, the Plaintiff received a disability pension (hereinafter “the first disability rating”) from the Defendant on December 29, 2016, with respect to “Class 8 subparags. 1” (hereinafter “the first disability grade determination”) with respect to the disability of the Defendant on December 29, 2016.

On December 18, 2017, the Plaintiff filed an application for the adjustment of a disability with the Defendant on the ground that “the reduction of the eyesight of the friendly eye (0.6)” was caused by a disability, such as an influence in the margin of the friendly eye. However, on January 30, 2018, the Defendant rejected the Plaintiff’s application for adjustment on the ground that it is difficult to view that there is a proximate causal relation with the “influence of the friendly eye”, which is

(hereinafter “Disposition in this case”). [Grounds for recognition] The Plaintiff’s assertion as to the lawfulness of the Disposition in this case as a whole, as to the absence of dispute, Gap’s evidence Nos. 1, 2, and Eul’s evidence Nos. 1, 1 through 3, and the purport of the entire pleadings. The Plaintiff’s assertion as to the legitimacy of the Disposition in this case’s application for the adjustment of disability rating

② Even if it is not so, there is a proximate causal relationship between the fall of the friendly vision and the injury or disease on duty, as it excessively uses the friendly proposal as an injury or disease on official duty.

Therefore, the instant disposition issued on a different premise is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

The former National Pension Act was amended by Act No. 15523, Mar. 20, 2018.

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