1. Revocation of a judgment of the first instance;

2. The Defendant’s disability grade under the National Pension Act against the Plaintiff on August 16, 2010.

1. Details of the disposition;

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

B. The reasoning for the court’s explanation on each of the above parts is the same as that for each corresponding part of the judgment of the court of first instance, and thus, it shall be accepted in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

C. Determination 1) The former National Pension Act (amended by Act No. 11143, Dec. 31, 201; hereinafter the same applies)

Article 49 Subparag. 2, 54(1), and 67(1) and (5) of the former Enforcement Decree of the National Pension Act (amended by Presidential Decree No. 23359, Dec. 8, 2011; hereinafter the same shall apply)

In light of the provisions and purport of Article 46 and attached Table 2, a disability pension under the National Pension Act is paid to a person who has a physical or mental disability even after having been completely cured due to a disease or injury incurred during the subscription to the National Pension Scheme. When there is a physical disability after the completion of treatment, the cause for payment occurs when the person has a disability, and the subscriber acquires a right to claim the payment of the disability pension. Therefore, the disability pension is determined at the time when the right to claim the payment of the disability pension is acquired, i.e., when the right to claim the payment of the disability pension, in principle, according to the laws and regulations at the time when the disability pension is physically handicapped after the completion of treatment. Furthermore, this legal principle also applies where the disability pension amount is modified and paid after the change of the existing disability grade. Thus, the determination of the disability grade also complies with the laws and regulations at the time when the ground for disability grade re-assessment occurred, i.e., the base date for the disability grade re-assessment, and Article 46(4) of the former Enforcement Decree.