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(영문) 서울행정법원 2017.05.12 2017구합84
장애연금 지급 거부처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On January 1, 1988, the Plaintiff initially joined the National Pension Scheme and maintains the current status as a national pension subscriber.

B. On September 28, 2010, the Plaintiff was diagnosed by the Egregal Egal Earism (Egical 65dB, left-hand 75dB, and China) and claimed a disability pension against the Defendant on May 17, 2016.

On June 23, 2016, the Defendant issued a notice of non-existence of entitlement to a disability pension (hereinafter “instant disposition”) on the ground that the Plaintiff’s disability-related disease occurred before the subscription to the National Pension Scheme.

[Reasons for Recognition] Facts without dispute, Gap evidence 8-1, Eul evidence 1-2, Eul evidence 2-2, the purport of the whole pleadings

2. The entry of the relevant regulations in the attached Form;

3. Whether the instant disposition is lawful

A. The Plaintiff asserted that the degree of difficulty before joining the National Pension Scheme does not constitute “where the hearing ability of two ear is at least 60dB, respectively,” which is the standard for determining disability grades in the National Pension Scheme, and that the hearing ability was sharply lowered on September 28, 2010, which was after joining the National Pension Scheme, thereby falling under the above disability standard.

Therefore, it should be deemed that the Plaintiff’s disability occurred during the subscription to the National Pension Scheme (the Plaintiff’s “Initial Date” as prescribed by Article 67(1) of the National Pension Act ought to be deemed as September 28, 2010), and the instant disposition is unlawful.

B. Article 67(1) of the former National Pension Act (amended by Act No. 14214, May 29, 2016) provides that “A disability pension shall be paid to a person who has a physical or mental disability even after he/she completely recovers from a disease that occurred during subscription (including where the first diagnosis date of the relevant disease is in subscription and where the insured was unaware of the outbreak at the time of subscription) or injury.”

Therefore, it becomes the requirement of entitlement to disability pension and causes disability to be caused by a disease or injury caused by disability while being insured by the National Pension Service.

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