미지급급여 지급거부처분취소 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 3, 2012, the deceased B (C life, hereinafter “the deceased”) who is the Plaintiff’s spouse came to be a beneficiary of the old age pension under Article 49(1) of the National Pension Act. On September 12, 2012, the payment of the old age pension adjusted by adding a certain amount to the amount of the existing old age pension amount from September 3, 2017, when filing an application for the extension of payment of the whole old age pension to the Defendant as a beneficiary of the old age pension under Article 62 of the National Pension Act for the period between the age of 65 and the age of 65 pursuant to Article 62 of the National Pension Act. However, the payment was postponed on February 13, 2017, before the arrival of September 3, 2017.
B. On May 25, 2017, the Plaintiff filed an application with the Defendant for the payment of a survivor pension due to the death of the deceased pursuant to Article 72 of the National Pension Act, and on June 19, 2017, the Defendant determined that the Plaintiff would pay the survivor pension as KRW 737,640 on March 201 and March 19, 2017, and notified the Plaintiff.
C. After that, on January 11, 2018, the Plaintiff requested the Defendant to pay the unpaid benefits pursuant to Article 55 of the National Pension Act by deeming the amount of the pension benefits that the deceased could have been paid during the period of postponement of payment of the old age pension as the amount of the benefits that the deceased would have to pay to the deceased. However, on January 5, 2018, the Defendant issued a disposition rejecting the payment of the unpaid benefits on the ground that “In the case of an applicant for extension of the old age pension, the Defendant would have received the amount of the old age pension calculated by adding the additional benefits for the extension of payment after the postponement of payment after the postponement
(hereinafter referred to as the "disposition in this case"). . [Grounds for recognition] without dispute, Gap evidence 1 through 7 (including each number; hereinafter the same shall apply), Eul evidence 1, 2, and 4 through 7, and the purport of the whole pleadings.
2. Determination:
A. The Deceased’s assertion as to the cancellation claim of the Plaintiff’s assertion 1 is sixty years of age.