beta
(영문) 서울행정법원 2016.07.08 2016구합57861

장애연금지급거부처분 취소

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 April 1, 1999, the Plaintiff first acquired the eligibility as a national pension-based insured person.

On December 26, 2010, the Plaintiff claimed a payment of disability pension to the Defendant on August 11, 2015 on the ground that he/she suffered bodily injury, such as the alley dura, etc. on both sides due to a traffic accident (hereinafter “the instant traffic accident”).

On September 1, 2015, the Defendant lost the eligibility to subscribe to the National Pension Scheme on July 1, 2010, and the instant traffic accident occurred on December 26, 2010 thereafter, and thus, the Defendant notified the Plaintiff of the failure to entitlement to the disability pension on the ground that the disability caused by the instant traffic accident does not constitute a disability that occurred during the subscription to the National Pension Scheme.

(hereinafter “instant disposition”). The Plaintiff filed a petition for reexamination with the National Pension Review Committee of the Ministry of Health and Welfare on November 10, 2015, but the Minister of Health and Welfare dismissed the Plaintiff’s petition for reexamination on January 4, 2016.

[The ground for recognition] The facts without dispute, Gap evidence Nos. 1 and 3, and the purport of the entire argument as to the legitimacy of the disposition of this case, the defendant asserted that the plaintiff was excluded from the eligibility of the local subscriber at the time of the traffic accident of this case as the spouse of the local subscriber who did not have any income. However, according to the records of the National Pension Qualification Register, the defendant confirmed on Nov. 9, 2010 that the plaintiff was an individually insured person since July 1, 2010. The plaintiff's wife C did not acquire the eligibility of the individually insured person after November 20, 2010, which is the date of qualification of the workplace subscriber. Thus, the plaintiff is deemed to be an individually insured person at the time of

The defendant, which was enforced on July 30, 2003, falls under a locally provided policyholder who is late disqualified than the plaintiff in accordance with the "Notice of Change in the Criteria for Qualification of the locally provided policyholder" (hereinafter referred to as the "instant Guidelines"), and the plaintiff as C's spouse has no income.