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(영문) 서울행정법원 2014.06.27 2012구합43017

장애연금지급거부처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

From January 1, 200 to February 11, 2012, the Plaintiff maintained the insured status of the National Pension Service from January 1, 2000.

On April 16, 2010, the Plaintiff was diagnosed as the sick name of “D Hospital” located at the window C of Chang-si, Chang-si, No. 3/4, No. 4/5, and “Cebrate C/4, and No. 4/5,” and was diagnosed as the name of the sick name of “C/4,” 19, No. 3/4, No. 3/4, and No. 4/5, respectively.

On May 22, 2012, the Plaintiff filed a claim for payment of a disability pension with the Defendant on May 22, 2012, alleging that the symptoms, such as the reduction of the part of the bridge, do not change, but rather, it became difficult to lead a daily life due to the serious injury.

The defendant on July 30, 2012, the plaintiff was above B.

As of October 17, 201, when one year and six months have elapsed from the date of diagnosis as stated in the same paragraph, the Plaintiff notified the Plaintiff that the Plaintiff was not entitled to receive a disability pension (hereinafter “instant disposition”) on the ground that the Plaintiff’s degree of disability at the time does not constitute a disability pension that can be paid a disability pension.

On August 6, 2012, the Plaintiff filed a request for review with the National Pension Review Committee, but the National Pension Review Committee dismissed the Plaintiff’s request for review on September 6, 2012.

[Grounds for recognition] In determining whether the Plaintiff’s disability level constitutes a beneficiary of a disability pension under the National Pension Act, the Plaintiff’s assertion of legality of the disposition in this case’s overall purport of evidence Nos. 1, 2, 2, 3-1, and 3-1, the Plaintiff’s ground for recognition was determined as to whether the Plaintiff’s disability level constitutes a beneficiary of a disability pension under the National Pension Act by applying the main sentence of Article 67(2) of the National Pension Act as of October 17, 201 when one year and six months from the first diagnosis date.

However, in the case of the plaintiff, only one year and six months after the first diagnosis date, the disease or injury aggravated, and the degree of disability is subject to disability pension payment.