2013Guhap23959 Revocation of Disposition rejecting a disability pension payment

A

National Pension Service

October 17, 2014

October 31, 2014

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The defendant's disposition rejecting the payment of a disability pension rendered to the plaintiff on March 6, 2013 shall be revoked.

1. Details of the disposition;

A. On April 1, 1999, the Plaintiff was subscribed to the National Pension Scheme. On February 15, 2013, the Plaintiff filed a claim for payment of a disability pension with the Defendant on the ground that the “compactomanism,” which is a disease subject to a disability pension under the National Pension Act (hereinafter “instant disease”), occurred.”

B. On March 6, 2013, the Plaintiff received a disposition rejecting the payment of a disability pension (hereinafter “instant disposition”) from the Defendant on the ground that “the Plaintiff was exempted from military service on May 3, 1984 as a “defluence and fluence” at the time of the draft physical examination on May 3, 1984.

C. The Plaintiff dissatisfied with the request for review on May 31, 2013, and received a decision of dismissal from the Defendant on July 12, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 3 (including additional number), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

In light of the fact that the Plaintiff was unaware of the instant disease at the time of the draft physical examination, and was aware of the fact that he was aware of the fact that he was aware of the instant disease, such as college graduates, and employment, and that he became aware of the Mag-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-Mad-sid-Mad-Mad-Mad-si

(b) Related statutes;

It is as shown in the attached Table related statutes.

(c) Fact of recognition;

(1) On May 4, 1984, the Plaintiff was assigned to the second citizen service of Grade 5 on the ground that “A military manpower office in Seoul regional military manpower office is 0.2, 0.2, 0.2, and there is a blurgical change”.

On August 18, 2014, B sent a reply to the fact inquiry of this court as follows.

The diagnosis conducted by ○○ Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Mag-Man

(2) From April 1, 1999 to February 29, 200, the Plaintiff maintains the eligibility of the workplace subscriber from March 1, 200 to July 18, 200, the workplace subscriber from March 1, 200 to July 18, 200, the land-based subscriber from July 3, 200 to July 3, 200, and the secondary workplace subscriber from July 4, 2006 to July 4, 2006.

(3) On February 2004, the Plaintiff received each medical treatment from the Zanwon, etc. on the part of the Zanwon, etc. on the part of the Zanwon, etc. on the part of the Zanwon, etc. on the part of the Daan medical clinic on the part of the Daan medical clinic around December 2004 on the part of the Daan medical clinic, the part of the fluorium of snow water, and the part of the Mabanwon on September 17, 2008 on the part of

A person shall be appointed.

(4) On February 5, 2013, the Plaintiff was diagnosed as “surgical disease” from a member of the Eanancy division: Magylopic surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical surgical

(5) The Defendant received advice from the Medical Advisory Board as follows.

○○ 2013, 2, 5. Medical certificate of the Ethical department of Ethyptism is written as a blopic 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 fluoral fluoral fluoral fluor, which was submitted around October 2012; and when considering the medical record paper and eugic fluoral fluoral fluoral fluoral fluoral fluor, the first fluoral fluoral f.

(6) The Plaintiff was determined as a visual disability around September 2008, and was determined as Grade 1 of the visual disability around June 2009. The telecognisissis is a dead-end cell that occurs due to genetic causes, and is a dead-end cell whose central function is lost due to the reduction of the vision function from the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front, and the degree of progress is measured to the extent that

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2 (including additional number), Eul evidence 1 and 2, the purport of the whole pleadings

D. Determination

(1) Disability pension payment requirements

(A) Article 67(1) of the National Pension Act (wholly amended by Act No. 8541, Jul. 23, 2007) provides that "a disability pension shall be paid to a person who has a physical or mental disability even after he/she completely recovers from a disease or injury that occurred during the subscription period (including where the first diagnosis date of the relevant disease is in the subscription date and where the insured was unaware of the outbreak at the time of subscription) or a person who has a physical or mental disability even after he/she was completely cured from a wound." Thus, a disability pension may be paid even where the first diagnosis date of a disease is in the subscription date and the insured was unaware of the fact at the time of subscription. In addition, Article 58(1) of the former National Pension Act (wholly amended by Act No. 8541, Jul. 23, 2007; hereinafter referred to as the "former National Pension Act") provides that "from the subscription date of entrance into force, the former disability pension shall be paid to a person who has a physical or mental disability after completion."

(B) In the instant case, Article 58(1) of the former National Pension Act is applied pursuant to Article 36 of the Addenda to the current National Pension Act in cases where the Plaintiff’s disease was completely cured prior to July 23, 2007, or two years have passed since the first medical examination date, which is the enforcement date of the current National Pension Act, and if not, the current National Pension Act applies.

(2) The first diagnosis date of the instant disease

(A) Article 58(1) of the former National Pension Act provides that a disability pension shall be paid to 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. Therefore, the requirement of entitlement to a disability pension is that the disease or injury caused by the disability occurs during the subscription to the National Pension. Therefore, where the disease or injury caused by the disability did not occur during the subscription to the National Pension, it cannot 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 disease or injury caused during the subscription to the National Pension Act under Article 58(1) of the former National Pension Act shall be deemed that the disease or injury should occur during the subscription period of the National Pension Act when determining medical, objectively, it should be interpreted that the disease or injury caused by the disability should occur during the entitlement period of the National Pension.

(B) Article 5 (1) of the Military Service Act (wholly amended by Act No. 4685 of Dec. 31, 1993) provides that the second citizen service cannot be conducted as a result of the draft physical or the physical examination, but the second citizen service cannot be conducted as an active duty serviceman. Article 12 (1) provides that the second citizen service can be conducted as an active duty serviceman or an active duty serviceman, and the fifth citizen service can not be conducted as an active duty serviceman, and the fifth citizen service is classified as a person who is incapable of performing military service due to disease or mental or physical disorder, and that the second citizen service, the fifth citizen service, and the sixth citizen service, the second citizen service, the second citizen service, and the sixth citizen service. The plaintiff's physical grade is the immediately preceding health condition of a person who is incapable of performing military service, and that the plaintiff's physical grade is limited to the time of "military support" to the extent that it appears impossible to be exempt from military service, and that it is clearly stated that the plaintiff was exempt from military service in advance 200 R200.

(3) Sub-decisions

Therefore, the instant disposition is lawful on the premise that the first diagnosis date of the instant disease was made on May 3, 1984, and that the instant disposition was made on the premise that it was occurred prior to the subscription of the National Pension.

3. Conclusion

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

The presiding judge and associate judge

Judges Kim Gin-won

Judges Domination

A person shall be appointed.