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(영문) 서울고등법원 2015.09.11 2014누74369
미지급보험급여 및 유족급여 부지급처분 취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the dismissal or addition of the following contents among the grounds of the judgment of the court of first instance. Therefore, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420

(1) Grades 2, 16 through 3, 16, and 1, shall be improved as follows:

C. On April 26, 2012, the National Pension Service’s branch office decided to pay a disability pension to the deceased on the basis of disability grade 1 grade 6 and permanent disability on November 6, 2010, based on a diagnosis for disability examination prepared by the F Hospital physician on April 25, 2012, based on the diagnosis for disability examination prepared by the F Hospital doctor on April 25, 2012, considering that the deceased’s physical function is in a condition that the deceased’s physical function is not able, and there was a disability to the extent that it is necessary to protect the deceased on a regular basis, and the deceased was determined to pay the disability pension to the deceased on the basis of it on November 6, 2010.

H. The Deceased did not claim disability benefits to the Defendant at the time of his survival, and the Defendant paid injury-disease compensation annuities prescribed in Article 66 of the former Industrial Accident Compensation Insurance Act (amended by Act No. 11569, Dec. 18, 2012) on the premise that the disease has not been cured until two years have passed after the commencement of the medical care to the Deceased, and there was no determination of disability grade to the Deceased at the time of his/her survival.

4. On the 4th page 18, the defendant shall delete the space from the 4th to the 4th page 20.

(5) On the 9th page 12, the following shall be added:

In addition, according to Article 81 of the same Act, if a beneficiary of insurance benefits dies, there is any insurance benefits to be paid to the beneficiary and not yet paid, at the request of the beneficiary (in the case of bereaved family benefits, other bereaved family members entitled to receive such benefits).

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