[1] Whether the occurrence of a disease or injury caused by a disability constitutes a requirement for entitlement to a disability pension under the National Pension Act (affirmative)

[2] The meaning of "a disease or injury that occurs during the subscription" under Article 58 (1) of the National Pension Act

[3] The case holding that a disease is a beneficiary of a disability pension under the National Pension Act, in case where a disease which caused a disability in the course of joining the National Pension Scheme has occurred, on the ground that it is reasonable to deem that the disease was caused by a disability, even if the person who had a dynamic lusical lusical lusical lusical lusical lusical lusical lusc

[1] Article 58(1) of the National Pension Act provides that a person who has a physical or mental disability even after his/her completion of treatment due to a disease or injury which occurred during the subscription to the National Pension Scheme shall be paid a disability pension according to the degree of disability during which the person still remains in existence. Therefore, a disease or injury caused by a disability shall be the requirement of entitlement to the disability pension. Therefore, where a disease or injury caused by a disability does not occur during the subscription to the National Pension Scheme, it shall not be deemed a beneficiary of the disability pension even if the disability occurred during the subscription to the National Pension Scheme.

[2] The meaning of “in the course of subscription” under Article 58(1) of the National Pension Act refers to that the disease or injury caused by disability should be caused during the period of coverage of the National Pension Scheme when determining whether the disease or injury is medical or objective. Unlike the judgment below, it is not limited to the case where the disability is embodied so as to cause interference with daily life due to physical and mental pain or degradation of function as stated in the judgment below.

[3] The case holding that a disease is a beneficiary of a disability pension under the National Pension Act, where a disease caused by disability occurs during the subscription of the National Pension Scheme, on the ground that it is reasonable to deem that the disease occurred in the time when the person, who had a genetic baleculatory lusium, was caused to a certain degree at the time of subscription to the National Pension Scheme, but the bale lusium was caused

[1] Article 58 (1) of the National Pension Act / [2] Article 58 (1) of the National Pension Act / [3] Article 58 (1) of the National Pension Act

[1] Supreme Court Decision 2005Du7280 Decided October 13, 2005

Plaintiff (Public-Service Advocates, Counsel for plaintiff-appellant)

National Pension Management Corporation (Attorney Lee Jae-jin, Counsel for defendant-appellant)

Seoul High Court Decision 2004Nu25955 delivered on November 22, 2005

The appeal is dismissed. The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

1. According to the reasoning of the lower judgment, the lower court did not simply mean all the causes causing physical and mental disability during the subscription to the National Pension Scheme, which are stipulated as the requirements for disability pension under Article 58(1) of the National Pension Act, and determined as follows, on the premise that the cause refers to the conditions that cause physical and mental pain or fall into the degree of interfering with daily life by lowering the function of the National Pension Scheme.

If the Plaintiff did not reach the degree of interference with daily life due to a decline in the function of the eyesight due to lusososa, it cannot be viewed as a disease under the above provision.

Furthermore, it is presumed that the Plaintiff’s visual power, around June 1984, when entering the Gun, was 0.7 degrees in both sides, and that the Plaintiff acquired a motorcycle driver’s license in around 1990, and that the Plaintiff’s visual power for about six years from June 1984 to June 1990, maintained at least 0.7 degrees in both sides and 150 degrees in the field of vision. Accordingly, it cannot be deemed that the Plaintiff was completely obstructed daily life due to the narrow exploitation or the decline of visual power until around 1990. Accordingly, even if the degree of the net-fluoral emulation was reached at the time of subscription to the National Pension for the past two years, it is difficult to conclude that the symptoms led to the phase of disease under the National Pension Act.

Rather, in August 197, the Plaintiff was inspected due to the decline in eyesight Kiman Hospital and the hospital. Around January 1999, the Plaintiff made a statement that it was around 33 years of age that it was caused by the decline in eyesight at the time when the Plaintiff was receiving a medical examination at the Maddong Mental Hospital, which was four years prior to the filing of the claim for the payment of a disability pension. In full view of all the circumstances such as the fact that the Magdong Madne Madio Madio Madio Madio Madio Madio Madio Madio Madio Madio Madio Madio Madio Madio Madio Madio Madio Madio Madio Madio Madio Madio Madiodio Madio Madiodio Madio Madiodio, the time when the Plaintiff was forced to interfere with daily life.

2. Article 58(1) of the National Pension Act provides that a person who has a physical or mental disability even after his/her completion of treatment due to a disease or injury that occurred during the subscription to the National Pension shall be paid a disability pension according to the degree of disability during which the person still remains in existence. Thus, a disease or injury caused by a disability shall be the requirement of entitlement to the disability pension. Therefore, where a disease or injury caused by a disability does not occur during the subscription to the National Pension, it shall not be deemed as a beneficiary of the disability pension even if the disability was caused during the subscription to the National Pension (see Supreme Court Decision 2005Du7280, Oct. 13, 2005). In addition, the meaning of the "accident or injury that occurred during the subscription period" under Article 58(1) of the National Pension Act shall be deemed that the disease or injury caused by a disability should occur during the entitlement period of the National Pension, and contrary to the judgment of the court below, it shall not be interpreted that the disease or injury should be specified in cases where it impedes daily life due to physical or mental injury.

However, as recognized by the court below, if a person has a net color change certificate as recognized by the court below, there is a franchisium before and after 10 years of age, and if there is a loss of neighboring vision over several hundreds of years, and the symptoms have been carried out to a considerable extent, it would eventually result in the deterioration of the eyesight, and eventually, it would result in the real name due to the loss of central vision. In the case of the plaintiff, at the time of entering the Gun on June 25, 1984, both sides were judged as 0.7 degrees in both sides at the time of entering the Gun, and thereafter, it was organized in the reserve forces for eight years after the date of August 24, 1985 and under eight years from December 31, 1993, the plaintiff's ability to receive a driver's license for a motor bicycle at the time of 190,000, and the plaintiff's ability to undergo a normal examination from the 196th day of employment and the 198th day of work.7.

If so, the plaintiff's statement that he had been made to the doctor in charge of 20 years of age (1984), 33 years of age (1997), 25 years of age (1989), and 25 years of age (1989), and 35 years of age (1989), and 19 years of family history) that the plaintiff had made a statement that he had a real name to the doctor in charge of the fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluor.

As above, although the court below seems to be inadequate to explain the reasoning of the judgment, such as the legal principles premised on the premise, it is just to conclude that the plaintiff suffered a disease of booming obsescy during the subscription of the National Pension Scheme, and therefore, it cannot be said that there was an error of law by misapprehending the legal principles that affected

3. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Ahn Dai-hee (Presiding Justice)