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(영문) 서울행정법원 2012.10.25 2011구합35668
장애연금급여지급등
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 October 4, 2010, the Plaintiff filed an application with the Defendant for payment of disability pension to the effect that it should be recognized as disability grade 2 in accordance with the National Pension Act, since knee-pastying knee-pastying and textile freshing disability.

On October 26, 2010, the Defendant notified the Plaintiff of the determination on the payment of disability pension (hereinafter “instant disposition”) on the ground that “When the Plaintiff showed a medical certificate and medical record book, etc., the Plaintiff’s degree of disability falls under the disability grade prescribed by the National Pension Act, etc. related Acts and subordinate statutes as of January 24, 2009 and Oct. 4, 2010, the date of the claim, which is one year and six months after the date of the first diagnosis, there is no opinion that the degree of disability of the Plaintiff falls under the disability grade as of October 4, 2010.”

B. On January 24, 2011, the Plaintiff filed a request for review with the Defendant for the instant disposition. However, on March 18, 2011, the Plaintiff received a request for review from the Defendant to dismiss the said disposition, and thereafter, filed a request for reexamination to the National Pension Review Committee on June 16, 2011, but the request for reexamination was dismissed on July 28, 201.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 12, Eul evidence 1 through 3, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is a physical disability, since the Plaintiff’s knee-free knee-path, fiber-freshing, high-ranking fel-feling, and pel-feld-feling, etc., have continuously continued to progress from the first medical date to the present date, and thus, the Plaintiff constitutes a person with disabilities of class 2, class 4, 11, and 13 under the Enforcement Decree of the National Pension Act’s disability grade criteria

Therefore, the instant disposition is unlawful.

(b) Entry in the attached Form of relevant statutes;

C. 1) The Plaintiff entered the Sungsung (ju) around November 2002 and had been engaged in the work of cleaning the guest rooms of the two hotel located in the line line around the day of March 2007, which was administered by (ju) SungsungS from March 23, 2007. (2) The Plaintiff was on July 23, 2007.

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