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(영문) 서울행정법원 2015.03.27 2013구합52872
장애연금 지급거부처분 취소
Text

1. On November 13, 2012, the Defendant’s decision that the Plaintiff did not have the right to receive a disability pension should be revoked.

2...

Reasons

Details of the disposition

A. On March 2, 2009, the Plaintiff acquired the insured status of the National Pension Scheme as B students.

B. On July 28, 2011, the Plaintiff suffered injury, such as a complete cutting of 1 balance on the right side, a complete cutting of 1 balance on the left side, the left side 2, and incomplete cutting of 3 balance (hereinafter “the instant injury”), from a medical corporation, at the Mania Hospital in the same medical corporation, a 1 balance cutting, one balance opening cutting, one balance opening cutting, and 2,3 balance 2, and a 3 balance folding of 2,03 balance.

C. On September 19, 2012, the Plaintiff claimed payment of a disability pension for the instant injury to the Defendant.

On November 13, 2012, the Defendant rendered a decision on the amount of entitlement to a disability pension (hereinafter “instant disposition”) to the Plaintiff on the ground that “In consideration of data such as radiation photographs, etc., the Defendant shall be entitled to a disability pension (hereinafter “instant disposition”).

E. On February 7, 2013, the Plaintiff filed a request for review with the National Pension Review Committee, but the National Pension Review Committee dismissed the Plaintiff’s request on March 7, 2013.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 9, Eul evidence No. 1 (including branch numbers if a branch number exists; hereinafter the same shall apply) and the whole purport of the pleading, and the legality of the disposition of this case

A. The degree of the Plaintiff’s disability caused by the instant accident falls under class 4 of the disability grade prescribed in Article 46(1) of the Enforcement Decree of the National Pension Act, and thus, the Plaintiff is a person entitled to a disability pension and the instant disposition is unlawful.

(b) as shown in the attached Form of the relevant statutes;

(c) Major treatment content - Major treatment content: cutting of 1 resin on July 28, 201, opening of 1 resin, cutting of 2,3 resin from 2, and resecting of 3 resin from August 20, 201, - current disability status as of August 20, 201: 1,2, 3 resin playground, 2-side length, 2-side length, 2-side length, 1 balance.

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