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(영문) 서울행정법원 2015.06.11 2014구합16897
장애연금지급거부처분취소
Text

1. The Defendant’s refusal to pay a disability pension against the Plaintiff on May 23, 2014 is revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Details of the disposition;

A. The details of the Plaintiff’s acquisition and loss of the insured status are as listed in the following table.

On October 31, 1993, when acquiring or losing qualifications for the date of acquisition of qualifications, the grounds for acquiring or losing qualifications are as follows: workplace subscribers Co., Ltd. on October 26, 1992; and on October 20, 1994, when entering or leaving the workplace subscribers Co., Ltd. on February 20, 1997; and on May 16, 2001, when the workplace subscribers on May 16, 2001 enter or leaving the workplace subscribers Co., Ltd. on December 16, 2001, the workplace subscribers Co., Ltd. on December 31, 2001 and retirement from the workplace subscribers Co., Ltd. on March 31, 2003;

B. On October 22, 1998, the Plaintiff received a lump sum refund of KRW 2,503,500 from the Defendant pursuant to Article 67(1)1 of the former National Pension Act (amended by Act No. 5623, Dec. 31, 1998) on the ground that the Plaintiff constitutes “the period of subscription to the National Pension is less than 15 years and is less than one year after being disqualified as an insured person”.

C. On April 30, 2014, the Plaintiff filed a claim for payment of a disability pension under the National Pension Act on the ground that “the time disability has occurred” with the Defendant.

However, on May 23, 2014, the Defendant rendered a disposition rejecting the payment of a disability pension (hereinafter “instant refusal disposition”) against the Plaintiff.

The Plaintiff received a lump-sum refund and subscribed again to the National Pension Scheme on April 1, 1999, and thus, is entitled to a disability pension only if a disease occurs after which the Plaintiff participated in the National Pension Scheme. Since both sides of the booming decrepital which caused the Plaintiff’s visual disability have already been verified at the time when the Plaintiff was subject to a draft physical examination on October 13, 1992, the foregoing visual disability occurred prior to the subscription of the National Pension Scheme.

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