장애연금지급거부처분취소
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, which cited the judgment of the court of first instance, is the same as the ground of the judgment of the court of first instance, except where the judgment of the plaintiff is added as follows
Therefore, it is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. The further determination of this Court
A. (1) As to the time of occurrence of the instant disease, the Plaintiff asserted that the instant disease was unlawful on a different premise, since the Plaintiff’s subscription date of the National Pension Scheme and the Plaintiff’s daily life was “ around September 17, 2008,” which caused the Plaintiff to suffer a sudden decline in the eyesight.
(2) Article 58(1) of the former National Pension Act (amended by Act No. 8541, Jul. 23, 2007; hereinafter the same) provides that a person who has a physical or mental disability even after completion of treatment due to a disease or injury that occurred during the subscription to the National Pension shall be paid a disability pension according to the degree of disability while the person is in existence.
Therefore, a disease or injury caused by a disability is a requirement for entitlement to a disability pension, and where a disease or injury caused by a disability does not occur during the subscription of the National Pension Scheme, it cannot be deemed as a beneficiary of a disability pension even if the disability was caused during the subscription of the National Pension Scheme.
(See Supreme Court Decision 2005Du7280 Decided October 13, 2005). In addition, the meaning of “disease or injury occurred during the subscription” under Article 58(1) of the former National Pension Act shall be deemed to mean that the disease or injury caused by disability should occur during the subscription period of the National Pension when determining whether it is medical or objective, and otherwise, it shall be limited to cases where such disability is embodied to the extent that it can interfere with daily life due to physical and mental pain or degradation of function.