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(영문) 서울고등법원 2017.11.14 2017누36214
장애인연금지급청구
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is ordered.

Reasons

1. The instant case pertains to the Plaintiff’s seeking revocation of the Defendant’s refusal of payment of disability allowances, disability allowances, and disability pension for the period from December 21, 2007 to September 2012, 2015 against the Defendant.

The court of first instance rendered a judgment of dismissal on the ground that the plaintiff's request for cancellation of the disposition of refusal to pay the National Basic Living Security Benefits does not exist, and rendered a judgment of dismissal on the claim for cancellation of the disposition of refusal to pay the disability allowances and the disability allowances and the disability pension from December 2, 2007 to June 201, 200.

Therefore, since only the defendant appealed against the above part of the judgment against the defendant, the scope of the judgment of this court is limited to the part of the defendant's appeal (the plaintiff has reduced the plaintiff's claim seeking revocation of the disposition of refusal of payment of disability allowances and disability pension as stated in the purport of the claim in the trial). 2. The circumstance of the disposition 【Evidence 1, 2, 4, 5, 6, 8, 9, 16, 17, 22, 24, 29, 29, 29 (including all of the number number; hereinafter the same shall apply) of each of the evidence of the disposition

A. On April 22, 2002, the Plaintiff completed the registration of a disabled person (class 2 with a mental disorder) and received basic livelihood security benefits and disability allowances under the Act on Welfare of Persons with Disabilities from the Defendant until November 2007.

B. Around December 12, 2007, the Defendant suspended the payment of the Plaintiff’s basic livelihood security benefits and disability allowances on the ground of the Plaintiff’s “resident who has not resided in his domicile.”

C. Around July 2011, the Plaintiff filed an application with the Defendant for the payment of disability pension under the Act on the Pensions for Persons with Disabilities, and the Defendant began to pay the Plaintiff a total of KRW 273,600 from July 20, 201 to September 2011.

In addition, the defendant from September 21, 2012 to September 21, 201, livelihood benefits, housing benefits, etc. in the National Basic Living Security Act are provided to the plaintiff.

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