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(영문) 수원지방법원 2017.04.26 2017구합92
장해연금지급거부처분취소
Text

1. The Defendant’s disposition on August 16, 2016 to revoke the decision on the request for review of a disability pension rendered against the Plaintiff.

2...

Reasons

Details of the disposition

On December 4, 1988, the Plaintiff was a workplace and local insured who joined the National Pension Scheme, and on March 18, 2016, the Plaintiff applied for a disability pension (hereinafter “instant application”) to the Defendant on the ground that “the Plaintiff’s two visual field of vision was caused by a disability not exceeding 10 degrees (hereinafter “instant disability”) due to the instant disease.” According to the Plaintiff’s military register record on April 22, 2016, the instant disease occurred prior to the Plaintiff’s subscription to the National Pension Scheme ( November 28, 1983), and the Defendant determined that the instant disease was not a disability pension on the ground that “the disability pension was not relevant.”

The plaintiff inspected the plaintiff's two visual field at the time of receiving medical treatment at the Seoul National Pension Hospital on May 23, 2006 at the time of receiving medical treatment at the Seoul National Pension Center. Thus, the first diagnosis date of the disease in this case is the same as the above May 23, 2006, and "the expiration date" (hereinafter "the expiration date") which is the date when the ground for the payment of lump-sum disability pension occurred, under Article 36 (2) of the Addenda of the former National Pension Act (amended by Act No. 8541 of Jul. 23, 2007) is the first diagnosis date after two years from the above first diagnosis date, and the plaintiff's disability grade is the class 4 of the plaintiff's disability as of the expiration date and the date when the plaintiff's disability pension application was filed ( March 18, 2016).

Pursuant to Articles 67(2) and 71 of the former National Pension Act (amended by Act No. 14214, May 29, 2016; hereinafter the same shall apply), the amount calculated by dividing 400/100 of the basic pension amount each month from June 2008 to December 2013, 207, which is the month following the month in which the date of the instant case falls, by 67 months pursuant to Articles 67(2) and 71 of the former National Pension Act (amended by Act No. 14214, May 29, 2016; hereinafter the same shall apply) shall be deemed to have been paid by 12. Among them, the portion deemed to have been paid from June 2008 to March 18, 2016 by the Plaintiff’s claim for the payment of the disability pension amount payable to the Plaintiff is the sum of the part deemed to have been paid from March 3 to December 2013, 706

The plaintiff is dissatisfied with this.

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