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(영문) 서울고등법원 2015.05.29 2014누49264
국민연금미해당처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the dismissal or addition of the following contents among the grounds of the judgment of the court of first instance. Therefore, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420

1. On December 19, 2003, the first diagnosis date under Article 67(1) of the National Pension Act for the Plaintiff’s disease should be considered as December 19, 2003 when the National Pension is subscribed.”

(2) On the third side, the second side of the Criminal Procedure Act is deemed to be unlawful.

(3) On the 6th page, the following shall be added:

The evidence presented by the Plaintiff alone is difficult to acknowledge the fact that the Plaintiff’s instant disease constitutes “a disease or injury occurred during the subscription to the National Pension,” or that the first diagnosis date for the instant disability was December 19, 2003 when the Plaintiff subscribed to the National Pension Scheme, and there is no other evidence to acknowledge it (the Plaintiff filed an application for medical records and physical assessment in order to prove that the Plaintiff’s disability falls under “a disease or injury occurred during the subscription to the National Pension Scheme,” and this court adopted the application and entrusted the appraisal to the Seoul University Hospital in 1,00, but returned to the Plaintiff impossible to provide the appraisal. After that, the Plaintiff’s request was made by each appraisal to the Tol University Seoul University’s Seoul Women’s University and the Gangnamnam University’s University Symba Hospital designated by the Plaintiff, but both were returned).

⑤ From Nos. 7 to 15, the instant disposition shall be deleted, and according to Nos. 9 to 16, the instant disposition shall be deemed to be lawful and lawful, depending on “2).”

2. In conclusion, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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