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(영문) 서울행정법원 2016.04.21 2015구합55783
국민연금 장애 미해당결정 처분취소
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 April 1, 1999, the Plaintiff subscribed to the National Pension Scheme.

B. On September 19, 2014, the Plaintiff filed an application for payment of a disability pension with the Defendant on the ground that there was a defluoral luoral lusium in both sides, which is a disease subject to the disability pension under the National Pension Act (hereinafter “instant disease”). However, on October 6, 2014, the Defendant decided that “the instant disease occurred before the Plaintiff subscribed to the National Pension, and thus does not constitute a disability pension under the National Pension Act.”

(hereinafter referred to as "disposition of this case"). (c)

The plaintiff was dissatisfied with the request for examination, but it was dismissed on January 8, 2015.

[Ground of recognition] The fact that there is no dispute, Gap's 1, 8, Eul's 2 and 9 certificates (including numbers; hereinafter the same shall apply), the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. On April 1, 1999, the Plaintiff: (a) driven a motor vehicle from 2002 to 2009 even after having joined the National Pension Scheme; (b) served in a gas station; and (c) registered as a visually disabled person under the Act on Welfare of Persons with Disabilities since the rapid decline in both sides from the end of 2009; and (c) registered the instant disease as a person with disabilities in accordance with the Act on Welfare of Persons with Disabilities.

B. It is as stated in the relevant laws and regulations attached thereto.

C. Determination 1) The former National Pension Act (wholly amended by Act No. 8541, Jul. 23, 2007; hereinafter the same applies)

Article 58(1) of the Act provides that a disability pension shall be paid to a person who has a physical or mental disability even after his/her medical treatment is completely cured due to a disease or injury incurred while joining the National Pension Scheme. Therefore, in cases where a disease or injury caused by a disability did not occur while joining the National Pension Scheme, even if the disability occurred while the National Pension Scheme is subscribed to.

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