(영문) 대법원 2015.11.27.선고 2015두48662 판결

1. Based on its adopted evidence, the court below acknowledged that the plaintiff joined the National Pension Service on April 1, 1999, the plaintiff joined the National Pension Service on February 1, 2004, that the plaintiff received a disposition of military service of Grade 5 on the ground that both sides were 0.2 in each physical examination, and that there was a fluoral fluoral fluoral fluoral fluoral fluorial fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral fluoral f.

On the premise of such factual basis, the lower court determined that: (i) on May 4, 1984, the Plaintiff was merely 0.2; (ii) on the part of the Plaintiff, on the part of the Plaintiff, the franchisium was the representative early symptoms of the flusium; (iii) on the part of the Plaintiff, there was no evidence to deem that there was another disease, such as the flusium, other than the flusium flusium, other than the flusium flusium flusium flusium flusium B, who was in charge of the military examination conducted by the Plaintiff at the time of the physical examination conducted by the Plaintiff; (iv) there was no objective ground or gender flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium flusium.

2. However, the lower court’s determination is difficult to accept for the following reasons.

A. The meaning of “disease or injury that occurred during the subscription period” under Article 67(1) of the National Pension Act ought to be deemed to be that the disease or injury that caused disability ought to arise during the period of the national pension coverage when determining medical or objectively (see Supreme Court Decisions 2006; 200516918, Jul. 28, 2006; 201Du3178, Apr. 13, 2012).

B. The reasoning of the lower judgment and the evidence duly admitted by the lower court reveal the following: (a) the Mag-grocopic dyecopology showed 10 to 20 prone cells due to the change of Mag-to-face cells caused by genetic causes; (b) the condition of vision has been reduced from the surrounding parts of the Sig-gye to the end, which eventually has lost the central vision function; and (c) the degree of the progress of the disease has been measured to the narrowest level of the night; (d) the Plaintiff maintained the said driver’s license after obtaining a Class II ordinary car license in 190; (e) the Plaintiff received a doctorate from the U.K. F. university in 199; and (e) conducted research and lectures at the university until October 29, 205; and (e) the Plaintiff did not have any equipment to examine whether the condition was structurally abnormal at the time of the physical examination for the Plaintiff at the time of the physical examination for the disease.

On the other hand, a prosecutor who has determined the criteria for determining physical grade by delegation of the Military Service Act shall conduct a physical examination, etc.

Article 11 [Attachment 2] of the Rules (amended by Ordinance of the Ministry of National Defense No. 428 of Jan. 7, 1992; hereinafter referred to as the "Rules No. 1984") provides that persons whose physical grade is 5 shall be determined as physical grade. Article 11 [Attachment 2] of the former Rules of Inspection (amended by Ordinance No. 428 of the Ministry of National Defense of Jan. 7, 1992, and amended by Ordinance No. 4441 of Jan. 29, 1994) shall be classified as 00 or more so that they can be determined as 5 of 1stmacy (including 1stmacy), referring to 2ndmacy and 4thmacy of 194, which shall be classified as 5th or more of 194, and 5th of 2nd of 2nd of 194, which shall be classified as 5th of 194, 4th of 199.

In addition to the contents and history of the provisions of relevant Acts and subordinate statutes, unlike the Rules of 1994, the physical grade criteria set by the Rules of 1984, which were in force at the time of the physical examination of the Plaintiff at the time of the physical examination of the Plaintiff, are uniformly determined as Grade 5 without being classified in detail according to the degree of the network’s structure and functional or higher level, and thus, it was determined as Grade 5 even in the case where there is only Machina, which is the initial symptoms of the network color scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic s.

In full view of these various circumstances, it is insufficient to recognize that the change of the pro-cell story that the Plaintiff subscribed to the National Pension Scheme was caused by the genetic disease of both sides, such as the fact that the change of the pro-cell story already occurred before April 1, 1999, and the symptoms of the rapid exploitation and the decline in the eyesight, etc. were revealed. Rather, there is sufficient room to view that the time when the symptoms of the pro-Japanese fluoral fluoral fluoral obsing and the decline in the vision have occurred objectively since around 2004 when the Plaintiff received treatment due to internal organs, etc. from the hospital

C. Nevertheless, the lower court, solely based on its stated reasoning, concluded that the Plaintiff’s Mabio-Maculopic Macopic Macopic Macopic Macop

Therefore, the court below erred by misapprehending the legal principles on the requirements for entitlement to a disability pension, thereby failing to exhaust all necessary deliberations, which affected the conclusion of the judgment.

3. Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.