[2] The case holding that the disability grade is recognized in light of the contents and purport of the Enforcement Decree of the National Pension Act even if the disability of the bridge does not fall under the items of the National Pension Management Corporation's national pension disability examination regulations under the National Pension Act's delegation

[2] The case holding that the disability grade is recognized in light of the contents and purport of the Enforcement Decree of the National Pension Act even if the leg disability does not fall under the items of the National Pension Service's national pension disability examination regulations established by delegation of the Enforcement Decree of the National Pension Act

2. The costs of the lawsuit are assessed against the defendant.

The following facts are not disputed between the parties, or may be admitted by each entry in Gap evidence 3, Eul evidence 3, 4, 5, 7, and Eul evidence 6-1 to 3:

A. On Apr. 1, 199, the Plaintiff filed a claim for a disability pension with the Defendant on Dec. 28, 200 on the ground that the three-dimensional convergence was implemented on the ground of the certificate of double-sent mixedness.

B. On February 19, 2001, the defendant issued a disposition against the plaintiff that he does not constitute a beneficiary of a disability pension on the ground that the plaintiff's disease does not constitute a disease or injury that occurred during the subscription to the National Pension Scheme.

C. Accordingly, on March 200, the Plaintiff filed a lawsuit seeking revocation of the disposition that is equivalent to disability pension under the court 2001Gu34566, by asserting that the salvar-combined salvar-type salar-type salar-type salar-type salar-type salar-type salar-type salar-type salar-type salar-type salar-type salar-type salar-type salar-types

D. After that, on September 27, 2002, the Defendant rendered a decision on September 27, 2002 that the right to receive a disability pension did not fall under the scope of disability grade as a result of the examination of the degree of disability caused by the Plaintiff’s combination of satisfactions (hereinafter “instant disposition”).

2. Whether the instant disposition is lawful

(a) Relevant statutes;

Attached Form is as shown in the attached Form.

B. Facts of recognition

In addition to the whole purport of the pleadings, the following facts may be acknowledged in the descriptions of Gap evidence 1, 2, 3, Eul evidence 6-1 through 3, Eul evidence 8-1, 2, and Eul evidence 10.

(1) On July 11, 1995, the day before joining the National Pension Scheme, the Plaintiff took an elegant elegant eleg eleg eleg eleg eleg eleg eleg eleg eleg eleg eleg eleg eleg eleg eleg eleg eleg eleg eleg eleg eleg eleg eleg eleg eleg eleg eleg eleg eleg eleg emul e.g., after joining the National Pension Scheme.

(2) In the lawsuit of this Court No. 2001Gu34566, the doctor in charge of appraising the Plaintiff’s disability by the physical appraisal commission to the Chief of Seoul National University Hospital. Since macro-combined certificates did not form a strings and a strings which form a strings and a strings, exist, and resulting in a string disorder and a strings, which thereby led to a strings and a strings caused by the strings, which are around the strings, and the strings and strings are caused by the strings due to the strings change, it is reasonable to apply attached Table 41(4) to the Plaintiff’s response to the 3rd joints of the 2001GuGu34566, by combining three joints of the strings of the 2001GuGu34566.

(3) The doctor in charge of a local public corporation dental hospital treating the Plaintiff was completely destroyed by the outer and internal movement of both parts and lost the ability to work by 23% in accordance with the AMA guidelines, and was assessed to have lost the ability to work by 12% in accordance with only the failure of the division of parts.

(4) After the above judgment became final and conclusive, Seoul National University Hospital evaluated the sports range of the sports range of the left-hand table by 20 degrees (the normal range 40 degrees), 15 degrees (the normal range 20 degrees), 0 degrees (the normal range 20 degrees), and 0 degrees (the normal range 20 degrees), and 30 degrees). It also evaluated that the Defendant lost the labor ability of 12% under the disability rate table according to the AMA guidelines. The Defendant’s advice also diagnosed the sports range of the left-hand table, as seen above, and expressed that it is expected that serious obstacles will be incurred when walking along the road at the corner of Ulsan.

(5) On the other hand, the National Pension Disability Review Regulations prepared by the Defendant refers to a person who is in the complete course of the bridge, who is unable to use the pipe of the bridge subject to the disability grade 4 6, 'the person who is in the perfect course of the bridge,' 'the person whose physical area is limited to 3/4 or more of the normal physical exercise area, 'the person who insertings an artificial embankment or artificial leg, 'the person who must wear an auxiliary device at all times due to the depth of the bridge, 'the degree of disability grade 4 or more', 'the person whose bridge is reduced to 5cm or more, 'the degree of disability grade 4 or more', 'the person who has the remaining part of the bridge subject to the disability grade 6, 'the person who is unable to use the pipe of the bridge subject to the disability grade 3 or more, 'the person whose physical exercise area is restricted to 1/2 or more of the normal physical exercise area, 'the total scope of the plaintiff's remaining 3 or more 4.

(c) Markets:

In order to become a beneficiary of a disability pension under Article 58(1) of the National Pension Act, a disease or injury must occur during the process of joining the National Pension. Since a salvous mixed type of a disease occurs before joining the National Pension, in determining the degree of disability that serves as the basis for determining whether to be entitled to a disability pension, the degree of disability cannot be considered together with the disability caused by a combination of the degree of disability (the result of physical assessment of the head of the Seoul National Pension Hospital seems to be assessed considering all the degree of disability of both satisfaction). Therefore, the Plaintiff’s disability grade should be determined based only on the degree of disability of the left-hand class.

However, even if the defendant's national pension disability examination rules established by delegation under Article 41 of the Enforcement Decree of the National Pension Act, they are merely administrative rules within the administrative agency that provide the criteria for interpretation of superior laws and regulations to ensure convenience in the performance of duties and uniformity of statutory interpretation. Thus, if it is particularly unreasonable to apply the above examination rules in light of the specific parts and state of disability, it should be determined in light of the contents and purport of the National Pension Act and the Enforcement Decree of the National Pension Act.

From this point of view, the above review rules concerning class 4, class 6, or class 8 of the Enforcement Decree of the National Pension Act (attached Table 3) do not seem to be especially unreasonable, and thus, the plaintiff's disability status is not clear. However, the above review rules which determine the case where the physical function of class 4, class 9 is "the person who suffers from a disability that needs to be restricted to labor" due to a bridge disability is deemed to be excessively limited without reasonable grounds. Thus, the issue of whether the above disability grade falls under the above disability grade shall be determined based on the degree of the need to pay a disability pension in light of the specific parts and conditions of the disability of the bridge, and it does not fall under the above review provisions, and it does not fall under the above review provisions. In light of the above facts, it is reasonable to view that the plaintiff's case of the plaintiff's above class 4, class 9 in the case of the plaintiff's disability and the degree of the loss of labor ability due to such disability. Accordingly, the defendant's disposition of this case is unlawful on another premise.

3. Conclusion

Therefore, the plaintiff's claim seeking the cancellation of the disposition of this case is reasonable, and it is so decided as per Disposition by the assent of all participating Justices.

Judges Kim Jong-soo