Plaintiff (Korean Legal Aid Corporation's public-service advocate Kim Jae-sung)

National Pension Management Corporation

November 9, 2004

1. The decision that the Defendant rendered against the Plaintiff on May 31, 2003 that the Defendant did not have a national pension disability shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

The same shall apply to the order.

1. Details of the disposition;

A. On May 2, 2003, the Plaintiff applied for the payment of a disability pension to the Defendant on the ground that the disease, i.e., both an anti-defluence, which was caused after being admitted to the National Pension Service, was the real name of the disease.

B. On May 31, 2003, the Defendant rendered the instant disposition rejecting the payment of disability pension on the ground that the Plaintiff’s disease was caused before joining the National Pension Scheme, and it does not constitute a disability under Article 58 of the National Pension Act.

[Reasons for Recognition] Unsatisfy, A1-1, A2-1, 2, the purport of the whole pleadings

2. Related statutes;

National Pension Act

The purpose of this Act is to contribute to the stabilization of livelihood and the promotion of welfare of the people by providing pension benefits for old age, disability or death of the people.

Article 58 (Persons Entitled to Receive Disability Pension)

(1) A disability pension shall be paid to a person who has a physical or mental disability even after his/her medical treatment is completely cured due to a disease or injury incurred in the course of insurance, to the degree of disability in existence.

(2) If a person who has suffered a disease or injury as prescribed in paragraph (1) does not completely recover even after two years from the date of the first medical examination, the degree of disability shall be determined on the basis of the day after the two years have passed, and if a person who is not entitled to a disability pension on the day after the two years have passed becomes entitled to a disability pension before he/she turns 60 due to aggravation of the disease or injury, the degree of disability shall be determined on the basis of the date

(5) The degree of disability shall be classified into the first, second, third, and fourth degree of disability, and matters concerning the criteria for the classification of such degree of disability and examination of the degree of disability shall be prescribed by Presidential Decree.

Enforcement Decree of the National Pension Act

Article 41 (Degree, etc. of Disability)

(1) The standards for classification of disability grades under Article 58 (5) of the Act shall be as prescribed in attached Table 3.

[Attachment 3] Criteria for Disability Ratings (Related to Article 41)

(a) Class I:

1. A person whose eyesight of two snows is reduced to less than 0.02;

(b) Class II:

1. A person whose eyesight of two snows is less than 0.06, and whose eyesight is less than 0.06;

2. A person whose eyesight of one eye is reduced to not more than 0.02, and whose eyesight of another eye is reduced to not more than 0.1; and

(c) Grade III:

1. A person whose visual strength of two snow is reduced to less than 0.1, or whose visual strength of one eye is reduced to less than 0.02 and whose visual strength of another eye is reduced to less than 0.15;

(d) Grade IV:

1. A person whose eyesight of two snows is reduced to less than 0.3;

3. Whether the disposition is lawful;

(a) Facts of recognition;

(1) On August 20, 1964, the Plaintiff entered the Gun on June 25, 1984, and at that time, the Plaintiff was rendered a normal decision in both sides to the extent of 0.7 degrees in both sides. After that, the Plaintiff was organized into the reserve forces for eight years from the discharge on August 24, 1985 to December 31, 1993 and was normally receiving the reserve forces training. In addition, the Plaintiff obtained the driver’s license for motor vehicle devices around 1990.

(2) On August 25, 1992, the Plaintiff was employed as a street cleaners of the Office of Civil Service, and became a workplace-based subscriber under Article 8 of the National Pension Act, and became disqualified for national pension as well as retirement on April 30, 2003.

(3) From around 1996, the Plaintiff experienced a rapid decline in vision, and was diagnosed as “brine lusium Plusia,” as a result of the climatic test, safety test, etc. conducted by Kiman-an Hospital on August 4, 1997. At the time, the Plaintiff was diagnosed as “brine lusium Plusia,” and at the time, the Plaintiff’s ability to correct both sides was far away from 0.1.

(4) On January 21, 1999, the Plaintiff stated that the time when the doctor in charge was 20 years of age (1984), the time when the doctor in charge was 33 years of age (1997), the time when the person was found to have caused a decline in vision, the time when the person was 25 years of age (1989), and the time when the person was found to have been in the real name of the person in charge of the examination was 100 degrees (the normal 500 degrees of vision) as a result of the examination.

(5) On May 31, 199, the Plaintiff was under the Maddong Maddong Maddong Maddong Maddong Maddong Maddong Maddong Maddong Maddong Maddong Maddong Maddong Maddong Maddong Maddong Maddong Maddong Maddong Maddong Maddong Maddong Maddong Maddong Maddong Maddong Maddong Maddong Mad

(6) As a dynamic disease with a change in the overall part of the glare cell, which is a glare cell floor, and the drilling cell, there is a gymmetric change before and after 10 years of age, and if the gymnasium has occurred rapidly over several hundreds of years, the gymnasium decline is accompanied by the gymnasium and eventually results in the real name of the gymnasium when the gymnasium has been lost. Although the gymnasium is not uniform, there is a research report that the progress rate of the gymnasium is less than 4.6% to 7.7% of the gymnasium in each year on the degree of the gymnasium loss. The causes of the gymnasium is a dominant view that the gymnasium change occurs due to the gymnasium, and various treatment methods have not been discovered up to now in various forms such as the symptoms.

[Reasons for Recognition] A3-1 through 4, A4, A5-1, 2, B, 3, 5, 5, 6, 7, 11, 12, 13, 17, 18, 19, entrustment of physical appraisal to the head of Seoul National University Hospital, inquiry of the fact to the same-sex hospital, and the purport of the whole pleadings

B. Determination

(1) The Plaintiff’s current situation where the view and vision of both sides are entirely lost and it is no longer possible to treat them in the current medical field. As such, the degree of disability of the Plaintiff falls under class 1 pursuant to Article 58(5) of the National Pension Act and Article 41(1) attached Table 3 of the Enforcement Decree of the same Act. According to the above, the cause of the Plaintiff’s real name is a dynamic disease, which is a dynamic disease, arising from genetic factors, and thus, it is clear that the Plaintiff had a dynamic lusium prior to joining the National Pension Scheme, and even from the time of birth.

(2) First of all, as to whether the deceased's real name-based fluorism itself constitutes "disease" caused during the subscription to the National Pension Scheme under Article 58 (1) of the National Pension Act, the term "disease" under the above provision refers to all causes causing physical and mental disability, and it refers to the conditions that cause physical and mental pain or fall into the degree of interference with daily life by lowering the function of the National Pension Scheme. Thus, if the plaintiff's fluoral fluoral eluoral eluorism does not reach the degree of interference with daily life, it cannot be deemed that the fluoral fluoral elusium itself is a disease under the above provision, and the same applies even if the plaintiff knew that he/she had a fluoral fluoral eluoral disease before being admitted to the National Pension Scheme. If the cause of disability itself is deemed as a disease under the above provision, it constitutes a violation of the National Pension Act's basic purpose, and thus, it constitutes a violation of the National Pension Act's welfare stability and exclusion.

(3) Furthermore, as to whether the Plaintiff had suffered from a declimatic disorder before August 192 before the time when the Plaintiff subscribed to the National Pension Scheme, which affected daily life, or whether there was a disease" under Article 58(1) of the National Pension Act before the subscription of the National Pension Scheme, i.e., whether there was a disease, etc., before the subscription of the National Pension Scheme, 0.7 or more times measured with two eyes at the same time in order to acquire a Class 2 driver's license such as a motor device driver's license, and one eye is 0.7 or more, and one eye is 150 degrees or more in sight (see Article 45(1)1 (b) of the Enforcement Decree of the Road Traffic Act). According to the above acknowledged facts, it is difficult to conclude that the Plaintiff acquired a motorcycle driver's license from around June 198, 199 to around 190, which was entirely affected by the Plaintiff's daily life during which the Plaintiff had been admitted to the military for 190 years or more from around 190000 minutes.

Rather, in light of all the circumstances such as the fact that the Plaintiff was inspected due to the decline of eyesight at Kim Jong-An Hospital and that the time when the Plaintiff was affected by the decline of eyesight was caused by the decline of eyesight, and that the time when the Plaintiff became affected by the decline of eyesight at the time of the diagnosis at the Madong-sye Hospital around January 1999, which was four years prior to the filing of the claim for the payment of disability pension, was 33 years old, it was acknowledged as above. As seen earlier, it is reasonable to presume that the Plaintiff’s interference with daily life due to the decline of vision due to the decline of eyesight and the time when the Plaintiff was affected by the decline of vision due to the decline of eyesight, from around 196 to around 197, when the Plaintiff became affected by the decline of eyesight-sye-sye-sye-sye-sye-sye-sye-sye-sye-sye-sye-sye-sye-sty.

(4) Therefore, the Defendant’s instant disposition rejecting the Plaintiff’s claim for payment of disability pension is unlawful on the ground that the Plaintiff’s disability was caused by a disease that occurred before the subscription

4. Conclusion

Therefore, since the disposition of this case is unlawful, it is decided as per Disposition by admitting the plaintiff's claim seeking its revocation.

Judges Kim Chang-suk (Presiding Justice)