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(영문) 서울행정법원 2017.12.07 2016구합66971
공무원연금급여재심결정취소
Text

1. The Defendant’s decision to pay disability benefits to the Plaintiff on October 15, 2015 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. On August 29, 201, the Plaintiff was working as the Head of the Busan Fire Safety Headquarters B Fire Safety Center B, who was working as the Head of the 119 Safety Center, and was called out after being given a fire dispatch order on August 29, 2011, and was diagnosed as a “emergency serious fluence certificate” (hereinafter “former approval certificate”) due to the outbreak of fluence on the chest, and was given medical care from August 30, 201 to April 9, 201 upon receiving a decision on approval of medical care for official duties from the Defendant.

B. Even after retirement on December 31, 2014, the Plaintiff requested the Defendant to pay disability benefits on August 21, 2015 on the ground that the Plaintiff was unable to lead a social life due to a difficulty in respiratory due to an injury or disease caused by the weather approval. However, on October 15, 2015, the Defendant paid a site for disability benefits on the ground that “it is difficult to view the Plaintiff’s disability status due to “the degree of disability falling under disability disability falling under the degree of disability falling under the degree of disability falling under the degree of disability falling under the degree of disability disability prescribed in attached Table 3 of the Enforcement Decree of the Public Officials Pension Act, even if he/she became disabled due to a disease or injury caused by an injury or disease caused by official duty.”

(hereinafter “instant disposition”). C.

Therefore, although the plaintiff filed a request for review with the Public Official Pension Benefit Review Committee, it was dismissed on March 16, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 (including each number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the Plaintiff’s disability caused by the Plaintiff’s assertion on the grounds of the injury and disease falls under the disability grade specified in attached Table 3 of the Enforcement Decree of the Public Officials Pension Act, the instant disposition based on a different premise is unlawful.

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

C. (1) The fact of recognition is that the Plaintiff’s main body (the East Asian University Hospital’s disability diagnosis report on December 11, 2015 - the heart is unable to lead a normal life due to the respiratory disorder at present due to the heart after in-depth color.

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