logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.10.25 2018구합313
장애인연금등지급거부처분취소
Text

1. The Defendant’s disposition rejecting the payment of disability allowances and disability pension to the Plaintiff on December 20, 2017 shall be revoked.

2...

Reasons

1. Details of the disposition;

A. From April 22, 2002, the Plaintiff completed the registration of a disabled person (Grade II), the Plaintiff was paid disability allowances under the former Act on Welfare of Persons with Disabilities (amended by Act No. 10255, Apr. 12, 2010; hereinafter “former Act on Welfare of Persons with Disabilities”) from the Defendant until November 2007. On December 12, 2007, the Defendant suspended the payment of disability allowances on the ground of the Plaintiff’s “not resident resident resident resident resident resident resident”.

Since then, the Act on Pensions for Persons with Disabilities enacted by Act No. 10255 on April 12, 2010 and enforced July 1, 2010, Article 3(1) and (3) of the Addenda to the Act on Pensions for Persons with Disabilities (Act No. 10255, Apr. 12, 2010) of the Act on Pensions for Persons with Disabilities (Act No. 10255, Apr. 12, 2010) are deemed to have been decided to pay disability pensions on July 1, 2010 by applying for disability pensions under the former Act on Pensions for Persons with Disabilities. The Defendant did not continuously pay disability pensions under the Act on Pensions for Persons with Disabilities to the Plaintiff.

B. On July 201, the Plaintiff filed an application with the Defendant for the payment of disability pension under the former Act on the Pensions for Persons with Disabilities (amended by Act No. 12620, May 20, 201; hereinafter “former Act”). On September 20, 2011, the Defendant began to pay the disability pension to the Plaintiff from July 20, 201 to September 20, 2011.

C. On September 21, 2015, the Plaintiff filed an application with the Defendant for the payment of disability allowances under the former Act on Welfare of Persons with Disabilities from December 21, 2007 to June 2010, and disability allowances under the former Act on the Pension for Persons with Disabilities (hereinafter “instant benefits”) from July 201 to June 201. The Defendant rejected the Plaintiff’s application on the same day on the ground that “the payment of pension was suspended due to the registration of unknown residence” on the same day.

(hereinafter referred to as “previous Disposition”). D.

On November 11, 2015, the Plaintiff filed a lawsuit seeking revocation of the previous disposition, and the Plaintiff is qualified as a registered disabled person under the former Welfare Act.

arrow