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(영문) 서울행정법원 2017.12.21 2017구합5768
장애연금 지급 거부처분 취소
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. On October 26, 2016, the Plaintiff filed a disability pension with the Defendant on the part of the Plaintiff’s injury and disease (hereinafter “instant injury and disease”). On January 9, 2017, the Defendant rendered a disposition to the effect that “the first diagnosis date of the Plaintiff’s injury and disease was not recognized to have occurred during the subscription to the National Pension Scheme on March 17, 2005,” and that “it does not constitute a beneficiary of the disability pension” (hereinafter “instant disposition”).

B. The Plaintiff, who was dissatisfied with the instant disposition, was dismissed on March 20, 2017, but received a request for review on March 20, 2017. On June 13, 2017, the Plaintiff received a decision of dismissal on July 28, 2017.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) at the first medical date recognized by the Defendant ( March 17, 2005), the Plaintiff was in existence with B, who was the spouse, and was not aware that there was income to B, and the spouse would lose the Plaintiff’s eligibility to join the National Pension Scheme without any guidance. Nevertheless, it is unlawful to deem the Plaintiff to lose the Plaintiff’s eligibility to join the National Pension Scheme without any guidance. Thus, the instant disposition based on the premise that the instant injury and disease did not occur during the National Pension Scheme is unlawful. 2) As to the occurrence date of the injury and disease in this case, the number of non-bloods in the first medical year ( March 17, 2005) is 2.9g/dl, and the number of non-bloods in the first medical year ( March 15, 2013) is 3.3g/dl for the period of eight years, taking into account the increase of 0.4g/lgm and the progress of the disease and the minimum of 3.5m.

Therefore, the injury and disease of this case occurred while the plaintiff joined the National Pension Scheme.

Therefore, the instant disposition based on the premise that the injury and disease in this case did not occur during the National Pension Subscription is unlawful.

(b) relation.

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