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(영문) 인천지방법원 2017.01.12 2015구합1582
장애인연금지급청구
Text

1. Of the instant lawsuit, the part concerning the claim for cancellation against the refusal of payment of national basic livelihood security benefits is dismissed.

2...

Reasons

1. Details of the disposition;

A. On April 22, 2002, the Plaintiff completed the registration of a disabled person (as the disabled person was changed to Grade II, Grade III around December 26, 2013) and received basic livelihood security benefits and disability allowances, etc. from the Defendant until November 2007.

On December 12, 2007, the defendant suspended the payment of national basic livelihood security benefits (living benefits, etc.) and disability allowances on the ground of the plaintiff's "resident who has not resided in his/her address."

B. Around July 2011, the Plaintiff filed an application with the Defendant for the payment of disability pension under the Disability Pension Act, and the Defendant began to pay the Plaintiff a total of KRW 273,600 from July 20, 201 to September 20, 201 of the disability pension from July 2011 to September 20, 201.

In addition, since September 21, 2012, the defendant paid the plaintiff living benefits, housing benefits, etc. under the National Basic Living Security Act.

C. On September 21, 2015, the Plaintiff filed an application with the Defendant for the payment of disability allowances or disability pensions from December 1, 2007 to September 2012, 2012, but pursuant to Article 49(2) of the Welfare of Disabled Persons Act and Article 5(2) of the Addenda of the Disability Pension Act (amended by April 12, 2010 and enforced July 1, 2010), the disability allowances under Article 2 subparag. 1 of the Act on the Welfare of Disabled Persons cannot be paid to the severely disabled persons under Article 2 subparag. 1 of the Act on the Pension for Disabled Persons, and only the disability allowances under the Act on the Pension for Disabled Persons were able to be paid.

On the other hand, on the same day, the Plaintiff’s agent B requested the Defendant to disclose the details of the payment of disability pension to the Plaintiff, and on September 23, 2015, the information disclosure decision was made and the payment details (from December 20, 2007 to September 20, 2015) was disclosed.

The defendant did not accept the plaintiff's application on the ground that "the payment of pension was suspended due to the unknown registration of residence."

(hereinafter “instant refusal disposition”) D.

On the other hand, the defendant shall be paid disability allowances in the litigation process of this case.

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