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(영문) 서울행정법원 2014.11.13 2013구합63278
장해연금수급권미해당취소 및 결정보류통지
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. Since the Plaintiff joined the National Pension Scheme on April 1, 1999, the Plaintiff remains insured as an individually insured person of the National Pension Scheme until now.

B. On March 14, 2008, the Plaintiff was diagnosed with a leukbal typosis visa from both sides at a medical clinic of the Seoul FIS. On June 11, 2008, the Plaintiff received an lebal typism from an lebala hospital of the Sinsa University on June 11, 2008 on the right high-speed pipe, and was determined as a disability rating 5 under the Act on Welfare of Persons with Disabilities on December 16, 2008.

C. On October 6, 2009, the Plaintiff filed an application with the Defendant for the payment of disability pension under the National Pension Act. Accordingly, on November 30, 2009, the Defendant rendered a decision that the payment of disability pension constitutes class 4 of disability by deeming that the prefeculation of the right is poor after the defluence of the human mission.

On December 18, 2012, the Plaintiff was diagnosed as “malutical malins and progress styles of the body of the Plaintiff,” and received from the hospital, on December 28, 2012, the said hospital received a hymical malutism and RY malmology.

E. On August 21, 2013, the Plaintiff filed an application for payment of a disability pension with the Defendant on the ground that there was a disability of the left-hand class and the Malaam.

F. On September 13, 2013, the Defendant rendered a decision to suspend the entitlement to benefits (hereinafter “decision to suspend the disposition of this case”) on the ground that the Plaintiff rendered a decision on September 13, 2013 on the ground that the Plaintiff’s treatment progress is not recognized as a disability if it is not recognized as a medical opinion, and the stability and fixedness of symptoms is not recognized in light of the characteristics, etc. of the above cancer, and thus, it is not recognized as a full recovery from the first diagnosis date on the ground that “the degree of disability should be determined at the end of one year and six months after the first diagnosis date, but it is a state that was in progress as of the date of the claim,” on the ground that “the degree of disability at the end of one year and six months after the first diagnosis date is a state that was in progress as of the first diagnosis date.”

G. The Defendant on September 16, 2013

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