2. The Defendant’s disposition rejecting the payment of a disability pension against the Plaintiff on March 6, 2013 is revoked.

3. All costs of the lawsuit shall be borne by the defendant.

A) On February 15, 2013, the Plaintiff subscribed to the National Pension on April 1, 1999, filed a claim for payment of a disability pension with the Defendant on the ground that “The Mag-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Ma

B) On March 6, 2013, the Plaintiff received a disposition rejecting the payment of a disability pension (hereinafter “instant disposition”) from the Defendant on the ground that “the Plaintiff was exempted from military service on May 3, 1984 as “defluence and fluority” at the time of the draft physical examination on May 3, 1984.”

C) The Plaintiff appealed and filed a request for review on May 31, 2013, and received a decision of dismissal from the Defendant on July 12, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 3 (including additional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

In light of the fact that the Plaintiff was unaware of the instant disease at the time of the draft physical examination, and the Plaintiff was aware of the fact that he was aware of the instant disease due to simple Egyptism, that he experienced a rapid decline in eyesight while living a normal life, such as college graduation, employment, etc., and that he became aware of the fact that he was affected daily life only after September 17, 2008, and that even if the disease occurred to certain extent at the time of subscription to the National Pension, the date of occurrence of the instant disease ought to be deemed as the date of occurrence of the time when he experienced a rapid decline due to considerable symptoms, and that even if the disease occurred to certain extent at the time of subscription to the National Pension, the date of occurrence

B. Relevant statutes

It is as shown in the attached Table related statutes.

(c) Fact of recognition;

1) On May 4, 1984, the Plaintiff was subject to a disposition of military service of class 5(2) on the ground that “A military manpower office in Seoul regional military manpower office is 0.2 in 0.2 well-being, and there is a fluoral reason”. At the time, the Plaintiff was subject to a disposition of military service of class 5(2) on the ground that “B was subject to a military service of class 5(2) on the part of the first instance court on August 18, 2014.”

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2) The Plaintiff maintains the eligibility of a workplace subscriber from April 1, 1999 to February 29, 200, from March 1, 200 to July 18, 200, from July 190, 200, from July 3, 200 to July 3, 200, from July 3, 200 to an individually insured person and from July 4, 2006.

3) On February 2, 2004, the Plaintiff received respectively medical treatment from the Zanwon, etc. of the Canancy, combustibility and ultra-ropolymosis around December 2004, from the Dananium of the Danium of the Danium of the danium of the danium of the snow, from the danium of the Eanium of the danium of the danium of the danium of the danium

The medical records for each date of the Ethical department members shall be as follows:

A person shall be appointed.

4) On February 5, 2013, the Plaintiff was diagnosed as “surgical disease” from a member of the Eanancy division: Magylopic typology, surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical s

5) The Defendant received advice from the Medical Advisory Board as follows.

○ On February 5, 2013, the medical certificate of a member of E Ministry of Health and Welfare was written as a fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluor. In consideration of the fact that the medical record was submitted around October 2012, 208, the reason for each fluoral fluoral fluoral fluoral far.

6) The Plaintiff was determined as a visual disability around September 2008, and was determined as Grade 1 of the visual disability around June 2009. The telecognisissis is a dead-end cell that occurs due to genetic causes, which is a disease that has lost the central function due to the reduction of the vision function from the 10th to 20 parts around the YY and eventually has lost the central function, and the degree of progress is measured to the narrowest point of view.

7) The Plaintiff maintained the above driver’s license since obtaining the Class II driver’s license in 1990. The Plaintiff received a doctorate from the U.K.F. university in 199, and thereafter conducted research and lectures at the university until October 29, 2005.

8) At the time of the draft physical examination of the Plaintiff, the equipment was not introduced to examine whether the deceased was structurally abnormal in the body at the time of the draft physical examination of the Plaintiff, and only at around 191, it was stored in the draft physical examination site of the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 (including additional numbers), Eul evidence Nos. 1 and 2, the fact inquiry reply to the director of the Busan regional military manpower office of the first instance court, the purport of the whole pleadings

D. Determination

1) Article 67(1) of the National Pension Act (wholly amended by Act No. 8541, Jul. 23, 2007) provides that "a disability pension shall be paid to a person who has a physical or mental disability even after his/her subscription (including where the first diagnosis date in the name of his/her subscription is unknown at the time of subscription) or injury, according to the degree of disability for which the disability continues." Here, the meaning of "a disease or injury caused during subscription" should be deemed that the disease or injury caused during the subscription period of the National Pension should be generated during the period of the National Pension Act when determining medical or objective injury (see, e.g., Supreme Court Decisions 205Du16918, Jul. 28, 2006; 201Du3178, Apr. 13, 2012; 207Du178, Jun. 14, 2017).

2) However, Article 11 [Attachment 2] of the former Rules on Inspection (amended by Ordinance of the Ministry of National Defense No. 428 of Jan. 7, 1992; hereinafter referred to as the "Rules No. 1984"), which provides that a person whose physical grade had been determined by delegation of the Military Service Act shall be determined as Grade V of physical grade, including physical examination by the Ministry of National Defense (amended by Ordinance No. 428 of Jan. 7, 1992). Article 11 [Attachment 2] of the former Rules on Inspection (amended by Ordinance of the Ministry of National Defense No. 441 of Jan. 29, 1994) provides that a person whose physical grade had been determined by the Ordinance No. 2 of the Ministry of National Defense shall be determined as Grade 5 of the physical grade of Grade 1, such as 5, 6, 6, 6, 6, 6, 6, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, respectively.

3) In light of the above facts and the contents and history of the provisions of the relevant Acts and subordinate statutes, the criteria for physical grade determination prescribed by the Rules of 1984, which was in force at the time of the physical examination of the Plaintiff at the time of the draft physical against the Plaintiff, are uniformly determined as Grade 5 without being classified in detail according to the degree of the network’s structure and functional or higher level, unlike the Rules of 1994, and thus, it was determined as Grade 5 even in the case where there is only Machina, which is the initial symptoms of the network color flusium without symptoms, such as the Machina, Machina without symptoms, etc. ② there is no circumstance to deem that the examination was conducted at the time of the draft physical examination or that the degree was conducted at the time of the draft physical examination or that the examination was conducted at the time of the draft physical examination, ③ since Machina was performed at night as well as at night, it was highly likely that the Plaintiff’s daily life at the time of the draft physical examination or service.

4) Comprehensively taking account of such various circumstances, prior to April 1, 1999, the time when the Plaintiff was admitted to the National Pension Scheme and the symptoms that led to a significant change in the Si-cell story, which led to a rapid decline and a decrease in the eyesight, etc., were revealed, and the symptoms that led to a genetic disease in both sides, which led to the outbreak of a genetic disease in the two sides, rather than to the occurrence of the disease, the time when the symptoms that led to a rapid decline and a decrease in the eyesight, rather than to the occurrence of the disease, can be recognized as after the time when the Plaintiff was treated as a patient at the Ansan Hospital, etc.

5) Sub-committee

Therefore, the instant disposition against the Plaintiff was unlawful on the premise that the first diagnosis date of the instant disease was deemed as May 3, 1984, and was incurred prior to the subscription of the National Pension Fund.

3. Conclusion

If so, the plaintiff's claim is reasonable, and the judgment of the court of first instance is unfair with different conclusions, so it is so decided as per Disposition by accepting the plaintiff's appeal and cancelling the judgment of the court of first instance and accepting the plaintiff's claim.

Judges Hun-Ba

Judges Kim Gin-ran

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.