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(영문) 수원지방법원 2016.02.17 2015구합65965
장애연금지급거부처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a person who maintained the eligibility for the National Pension Scheme from January 1, 1988 to November 1, 2010.

B. On May 13, 2014, the Plaintiff was diagnosed as falling under class 4 and class 2 of the failure to pay the right, due to the emulation of the emulation of the emulation of the emulation of the right due to the emulation of the emulation of the emulation of the emulation of the right. On August 19, 2014, the Plaintiff filed an application for the payment of disability pension under the National Pension Act with the Defendant, but on September 23, 2014, issued a rejection disposition (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 3, 4, and 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that the plaintiff's disability is unlawful since the plaintiff's disability occurred after January 1, 198, which is the subscription date of the national pension, on the premise that when the disability occurs during the subscription period of the national pension, the requirements for the payment of the disability pension are met.

(b) Attached Form of relevant statutes;

C. Determination 1 Article 67(1) of the National Pension Act includes cases where the first diagnosis date of the pertinent disease occurred during the subscription is a member of the National Pension Act and the insured was unaware of the occurrence at the time of subscription.

A disability pension shall be paid to a person who has a physical or mental disability even after his/her medical treatment for injury or injury. Therefore, a disability pension shall be paid to the person who has a physical or mental disability. Therefore, a disease or injury caused by a disability is a requirement for entitlement to a disability pension

Therefore, if a disease or injury caused by a disability does not occur during the subscription to the National Pension Scheme, even if the disability was caused during the subscription to the National Pension Scheme, it is a beneficiary of the disability pension.

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