퇴직연금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 17, 1975, the Plaintiff filed a lawsuit for divorce, etc. (2014Dhap107) with the Gwangju Family Court on April 11, 2014 while having been married with B on April 17, 1975.
On June 11, 2014, the Gwangju Family Court decided to recommend reconciliation that "the plaintiff and B shall divorce, and the plaintiff shall pay to the plaintiff 50% of the monthly retirement pension paid by B from the day following the day when the settlement is recommended due to division of property to the day before B dies," and the above decision was finalized on June 27, 2014.
B. B around March 1979 (the Plaintiff asserted that he worked from March 1977, but appears to have worked since March 3, 1979 if the period of service and retirement days indicated in the evidence No. 2, it appears to have worked from March 1979) and worked for 378 months at the Joseon University, a private school foundation, and retired on August 31, 2010, and received approximately KRW 3,890,000 each month from the Defendant as pension.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination of the parties' arguments
A. The Plaintiff’s assertion and B paid 1/2 of the pension to be paid by the Defendant to the Plaintiff according to the decision of recommending reconciliation by the said Gwangju Family Court. The Plaintiff did not receive the retirement pension from B from June 27, 2014 to June 27, 2014.
Therefore, the defendant is obliged to pay 50% of the retirement pension to B to the plaintiff.
B. In light of the Defendant’s assertion, the Pension for Private School Teachers and Staff Act and the Public Officials Pension Act, only states that “The Defendant is entitled to claim payment of a retirement pension shall be limited to B, and that “B shall pay 50% of the retirement pension due to division of property to the Plaintiff” among the Plaintiff and B, and the Plaintiff may seek payment of 50% of the retirement pension under B against the Defendant.