(영문) 부산고등법원 2015.09.11 2015누21612

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(영문) 부산고등법원 2015.09.11 2015누21612

장애연금지급거부처분취소

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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 issues of this case and the judgment of the court of first instance

A. On March 10, 2014, the key issue of the instant case filed a claim for the payment of disability pension with the Defendant claiming that “the Simamamamam (hereinafter “the instant disease”) occurred” on March 5, 2010. The Defendant, on the ground that the instant disease cannot be deemed to have occurred during the subscription to the National Pension Scheme, is “the instant disposition” and thus, “the Plaintiff is not entitled to receive disability benefits.”

A. Before 200:

The key issue of the instant case is whether the instant disease occurred while the Plaintiff subscribed to the National Pension Scheme.

B. In light of the fact that the first instance court’s determination on the instant disease was made on January 21, 2014, it is reasonable to deem that the Plaintiff occurred after February 15, 2012 when he/she lost his/her eligibility as a national pension subscriber, and otherwise, determined the instant disposition lawful on the grounds that there is no evidence to acknowledge that the instant disease occurred while the Plaintiff subscribed to the National Pension Scheme.

2. The judgment of the court of first instance and the plaintiff citing the judgment of the court of first instance alleged that the instant disease occurred during the plaintiff's subscription to the national pension, and thus, the instant disposition is unlawful. However, in light of the reasons cited by the judgment of the court of first instance, the judgment of the court of first instance that

Therefore, the court's explanation of this case is identical to the part of the reasoning of the judgment of the court of first instance. Thus, it is citing this as it is in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

3. As such, the judgment of the first instance is just, and the plaintiff's appeal is dismissed as it is without merit.

참조조문

-민사소송법 제420조

-행정소송법 제8조 제2항

유사 판례

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