logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.04.19 2018누32813
장애연금 지급 거부처분 취소
Text

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.

Reasons

1. Details of the disposition;

A. On October 26, 2016, the Plaintiff filed a disability pension with the Defendant on the part of the Plaintiff’s injury and disease (hereinafter “instant injury and disease”). On January 9, 2017, the Defendant rendered a disposition to the effect that “the first diagnosis date of the Plaintiff’s injury and disease was not recognized to have occurred during the subscription to the National Pension Scheme on March 17, 2005,” and that “it does not constitute a beneficiary of the disability pension” (hereinafter “instant disposition”).

B. The Plaintiff, who was dissatisfied with the instant disposition, was dismissed on March 20, 2017, but received a request for review on March 20, 2017. On June 13, 2017, the Plaintiff received a decision of dismissal on July 28, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion of this case should be revoked as it is unlawful in the following respect.

1) At the time of March 17, 2005, the first diagnosis date of the instant injury and disease, the Plaintiff was in existence with B, who is his spouse, as of March 17, 2005. The Plaintiff was unaware of whether there was income to B, and whether there was no income to the spouse’s eligibility to join the National Pension Scheme. Nevertheless, it is unreasonable for the Defendant to lose the Plaintiff’s eligibility to join the National Pension Scheme without any guidance, and to deny that the instant injury and disease occurred during his subscription to the National Pension Scheme. 2) As to the occurrence date of the instant injury and disease, it is unreasonable for the Defendant to deny that the instant injury and disease occurred during his subscription to the National Pension Scheme.

Therefore, it should be deemed that the injury and disease in this case occurred during the Plaintiff’s subscription to the National Pension Scheme.

3. The defendant shall keep the medical records of the national pension subscribers.

arrow