Supreme Court allows appeal regarding pension calculation, permitting challenge to employment period even if previously unchallenged.
Legislator summary
AI generatedThe Supreme Court partially overturned the lower court's dismissal of the applicant's pension appeal, sending the case back for retrial. The applicant argued that work from 1941 to 1944 should be included in the pension calculation period, despite the Social Insurance Office and the lower court rejecting this claim based on witness testimony. The Court ruled that the lower court failed to conduct necessary evidence gathering and incorrectly assumed the applicant waived the right to challenge this specific employment period by not raising it in previous decisions.
Legislator headnote
AI generatedArt. 3 § 2, Art. 316 § 1, Art. 422 § 2 k.p.c.; The court must clarify all disputed facts through proper evidence proceedings, and a party retains the right to challenge specific elements of a pension decision even if those elements were not contested in prior proceedings.