장애연금 지급 거부처분 취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance as to this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment on the plaintiff's main grounds for appeal at the end of the judgment of the court of first instance as set forth in the following 2. Thus, this case shall be quoted by Article 8(2) of the Administrative Litigation Act and the main text of Article
2. Determination on the grounds for appeal
A. The Plaintiff’s assertion was initially diagnosed by the Korea National Pension Service on March 2, 1976, but its symptoms are stable and fixed prior to the subscription of the National Pension Service, and thus, it should be deemed that the Plaintiff’s assertion was “wholly satisfied” under the provisions of the National Pension Act and subordinate statutes.
Therefore, the time when the Plaintiff was diagnosed with a disability higher than the national pension on September 28, 2010, which was after being admitted to the National Pension Scheme, constitutes “the first diagnosis” and thus, the Plaintiff’s accident constitutes “a disease during subscription” and thus, the instant disposition is unlawful.
B. Determination 1) Under Articles 1 and 4(1) of the former National Pension Act (amended by Act No. 14214, May 29, 2016), the former National Pension Act shall apply to the instant disposition pursuant to the requirements for entitlement to a disability pension (amended by Act No. 14214, May 29, 2016) and the Plaintiff and the Defendant do not dispute this point.
Although the Plaintiff and the Defendant asserted in accordance with the National Pension Act and the National Pension Review Regulations as amended, each of the above amended provisions does not apply to this case, it refers to only when it is necessary to interpret and apply the former National Pension Act.
hereinafter the same shall apply.
Article 67 (1) includes cases where the first diagnosis date of the disease occurred during the subscription period and the insured was unaware of the outbreak at the time of subscription.
A disability pension shall be paid to a person who has a physical or mental disability even after he/she completely recovers from a disease or injury, according to the degree of disability while such disability continues.
"Notice...."