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(영문) 서울행정법원 2018.09.06 2017구합77688
장해연금지급거부처분취소
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. The Plaintiff’s husband B (hereinafter “the deceased”) was subscribed to the National Pension Scheme from January 1, 1988 to November 20, 2015, the date of death. However, on August 22, 2007, the Plaintiff diagnosed the workplace cancer (hereinafter “instant disease”) and died on November 20, 2015.

B. On January 6, 2016, the Plaintiff filed a claim with the Defendant for a survivor pension and a disability pension, and the Defendant recognized the Plaintiff’s entitlement to the Plaintiff’s survivor pension, but with respect to the claim for the payment of a disability pension, on March 8, 2016, the Plaintiff rendered a disposition equivalent to the Plaintiff’s entitlement to the disability pension on the ground of disability disability not falling under the disability grade “the disability grade of the Plaintiff’s first diagnosis on August 22, 2007, the deceased was diagnosed on August 22, 2007, but did not undergo medical treatment, and performed an operation after going to Oct. 22, 2010, when considering that the disability grade of the Plaintiff’s first diagnosis was not the disability grade of the Plaintiff’s first diagnosis on the ground that it did not fall under the disability grade “the disability grade of the Plaintiff’s first diagnosis on the ground of disability grade” in February 22, 2009.

(hereinafter referred to as “prior action”). (c)

On June 3, 2016, the Plaintiff filed a request for review with the Defendant on June 3, 2016, but the Defendant dismissed the request on July 11, 2016.

On July 11, 2017, the Plaintiff claimed a disability pension that should have been paid to the Defendant again (hereinafter “instant application”), and the Defendant rendered the instant disposition on July 17, 2017 on the same ground as the prior disposition.

(hereinafter referred to as the "disposition in this case"). 【No dispute exists, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 4 (including each number), the purport of the whole pleadings.

2. The Plaintiff’s assertion was initially diagnosed on August 22, 2007, and died on November 20, 2015 due to the outbreak of the instant disease. According to the National Pension Service’s disability review rules, the Plaintiff’s claim for a malicious life was diagnosed as her sexual cancer and did not undergo navigation cancer treatment.

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