장애연금 수급권 미해당처분 취소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Details of the disposition;
A. From April 1, 1999, the Plaintiff joined the National Pension Scheme and maintained the eligibility for the insured.
B. On April 2, 2018, the Plaintiff filed a claim against the Defendant for the payment of a disability pension on the ground of the Malue Malue (hereinafter “instant disease”).
C. On May 17, 2018, the Defendant decided that the Plaintiff did not constitute a disability pension beneficiary on the ground that the instant disease was not occurred during the subscription to the National Pension Scheme.
(hereinafter referred to as “instant disposition”). [Ground of recognition] The fact that there is no dispute
2. Whether the instant disposition is lawful
A. In light of the characteristics of the instant disease that is rapidly proceeding over several hundreds of the Plaintiff’s assertion, the time when the instant disease occurred shall be deemed to be around January 200, when the Plaintiff was diagnosed as the disease of this case because the Plaintiff had experienced a sudden decline in time and found the hospital. This constitutes a violation of the disposition of this case since it was after the subscription to the National Pension Scheme.
B. (1) Determination (1) Article 58(1) of the former National Pension Act (wholly amended by Act No. 8541, Jul. 23, 2007; hereinafter “former National Pension Act”) (wholly amended by Act No. 8541, Jul. 23, 2007; hereinafter “former National Pension Act”).
(2) Article 58(1) of the former National Pension Act shall apply pursuant to Article 36 of the Addenda to the amended National Pension Act in cases where the person completely recovers prior to July 23, 2007 or two years have passed since the first diagnosis date, and where the person does not do so, the amended National Pension Act shall apply. In this case, the first diagnosis date of the instant disease shall be July 6, 1985, as seen below, and as of July 23, 2007, the enforcement date of the amended National Pension Act shall have passed two years from the first diagnosis date of the instant disease, and Article 58(1) of the former National Pension Act shall apply to the instant disease under Article 36(1) of the Addenda to the amended National Pension Act.