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(영문) 대구지방법원 2015.02.11 2014구합20775

장해연금수급권미해당처분 취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On January 1, 1988, from April 2, 1993 to July 1, 1995, and July 28, 2008, the Plaintiff subscribed to the National Pension as a workplace-based insured person or an individually insured person, and thereafter, on October 11, 2013, the Plaintiff filed a claim for the payment of a disability pension with the Defendant for payment of the disability pension by asserting that “the brain border (hereinafter “the instant disease”) occurred.”

As a result of a comprehensive review of the medical records and other examination data of the relevant notice of entitlement to insurance benefits (Evidence A 1), it is difficult to guide that there was no record on January 208, 2008, in consideration of the fact that there was no record of medical treatment with high blood pressure on the record, brain image, medical science, and so on, July 8, 2010, which was verified and received treatment after being verified, such as multi-faceted dial chronology, etc. on the records, on December 2011, the fact that “the symptoms, such as the low living ability, walking disorder, and refacing behavior, begin on March 1 through 4th, 198,” and that the record begins on July 28, 195, it is difficult to guide that there was a loss after being disqualified after being disqualified. < Amended by Presidential Decree No. 14860, Jan. 1, 198; Presidential Decree No. 14810, Apr. 2, 1993>

B. On November 11, 2013, the Defendant’s instant disease, after undergoing a review of related counsel with the Plaintiff, cannot be deemed as arising during the subscription to the National Pension Scheme, and thus, the Defendant’s failure to receive disability-based benefits (hereinafter “instant disposition”).

2) Each entry in Gap evidence No. 1, Eul evidence No. 1, No. 2-1, No. 2-3, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In order to become a beneficiary of a disability pension for the Plaintiff’s assertion, the disease must occur during the subscription to the National Pension. Although the Plaintiff’s medical certificate received from the Gldong University Hospital on November 23, 2012 stated that “an act of memory, etc. presumed to have occurred before several years,” the Defendant, without arbitrarily reflecting it, deemed that the instant disease occurred after being disqualified on the ground that there was no reason that the medical certificate received from a high blood pressure on the record around January 2008 without arbitrarily reflecting it.