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(영문) 서울행정법원 2015.11.06 2015구합54544
장애연금급여미해당결정취소 청구의 소
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. The Plaintiff was subscribed to the National Pension Scheme from January 1, 1988 to February 19, 2010.

B. On January 3, 2013, at a green hospital affiliated with the original medical foundation, the Plaintiff was diagnosed as brain low-nuclear and cerebral blood transfusion on the left-hand side (hereinafter “the instant injury”). Since then, the Plaintiff was diagnosed as an emergency operation on the ground of the Athic food room, the Plaintiff left the right-hand side pelma and mental disorder.

C. On October 31, 2014, the Plaintiff filed an application with the Defendant for the payment of a disability pension as the injury or disease that caused the pertinent injury or disease. However, on November 14, 2014, the Defendant rendered a decision corresponding to the disability pension benefits on the ground that the instant injury or disease did not occur during the subscription to the National Pension.

(hereinafter “Disposition in this case”). [Grounds for recognition] An absence of dispute, Gap’s 3 through 5, Eul’s 1 through 8, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. On August 16, 2003, the plaintiff asserted that the disease of this case occurred because he was diagnosed with a high blood pressure on the part of his mother on August 16, 2003, and the main blood pressure aggravated. Since the disease of this case is deemed to have occurred during the plaintiff's subscription to the national pension, the disposition of this case to be otherwise determined is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. 1) On August 16, 2003, the Plaintiff was diagnosed with a high blood pressure at the KaTol University Seoul Escar Hospital, and was treated with a high blood pressure from August 16, 2003 to December 19, 2009. 2) On November 14, 2008, the Plaintiff took a MadI photograph on the MadI photograph on the MadI. The Plaintiff was found to have had a high blood level of 10m high blood level around the MadI.

3) A medical specialist B of the Han River University Dental AD had the following opinions on the results of the examination of the medical records of the Plaintiff. A high blood pressure of the Plaintiff, stroke, stroke, is organized due to the cerebral dystrophy of the cerebral dystroke which occurred when the cerebral dystroke was obstructed by the cerebral dystrophy.

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