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(영문) 부산고등법원(창원) 2016.11.23 2016누10841
장애등급4급결정처분등취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. On December 18, 2014, the Plaintiff filed a lawsuit claiming the revocation of the Defendant’s disposition of grade 4 disability grade with respect to the Plaintiff, and the disposition of grade 3 with respect to the disability grade.

The court of first instance rejected the part of the instant lawsuit seeking revocation of the above-class 3 disability grade decision-making disposition, and dismissed the remainder of the Plaintiff’s claim.

Since only the plaintiff appealed from the judgment of the court of first instance that dismissed the plaintiff's claim, the judgment of this court is limited to the judgment of the court of first instance that dismissed the plaintiff's claim.

2. The reasons why the court should explain this part of the disposition are the same as the reasons stated in Paragraph 1. of the judgment of the court of first instance other than the following. Thus, this part of the reasons are cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

Part 9 through 14 of the judgment of the first instance court (Article 1. b. of the Reasons for the Judgment of the first instance) are as follows.

A person shall be appointed.

B. On October 7, 2014, the Plaintiff filed an application with the Defendant for the payment of a disability pension with respect to “Sechopathal chronological difficulties” to the Defendant.

On December 18, 2014, the Defendant recognized that the Plaintiff’s first diagnosis date of the Plaintiff’s “the date when the Plaintiff was admitted to the National Pension Plan on July 25, 2008.” The first diagnosis date of “the date when the Plaintiff was admitted to the National Pension Plan” is not recognized during the National Pension Plan’s subscription on August 7, 2008. As of January 26, 2010, when one year and six months have passed from the first diagnosis date, the first diagnosis date falls under the disability grade 3 as of January 26, 2014, which was the fourth disability grade and the filing date of the claim. However, “the date when the Plaintiff was admitted to the period during which the Plaintiff subscribed to the National Pension Plan,” and thus, falls under the disability grade 4 days after the lapse of the claim, rather than the date when the degree of disability is deducted by “the date when the degree of disability was determined by the “the due date” during the subscription.

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