분할연금지급에따른연금액변경처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On January 1, 1988, to December 31, 2008, the Plaintiff (B) maintained the eligibility as a national pension subscriber and received an old age pension from the Defendant from July 30, 2010, after acquiring the entitlement to an old age pension on June 14, 2010 when he/she reached the age of 60.
B. Meanwhile, on August 15, 1975, the Plaintiff filed a marriage report with C (D) and on February 10, 2004, filed a lawsuit for divorce, etc. against C (Cheongju District Court 2004Da743), and on April 21, 2004, the Plaintiff and C were divorced.
C. On April 24, 2014, C filed a claim with the Defendant for payment of divided pension pursuant to Article 64(1) of the National Pension Act, and the Defendant issued a decision to pay divided pension to C on June 2, 2014, and notified the Plaintiff on June 23, 2014 that the Plaintiff’s pension amount would be reduced from KRW 774,440 to KRW 491,620.
(hereinafter “instant disposition”) D.
The Plaintiff requested an examination on the instant disposition on July 16, 2014, but the said claim was dismissed on August 21, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3 (including the number of each branch; hereinafter the same shall apply) and Eul evidence 1 to 5
2. Whether the instant disposition is lawful
A. The plaintiff's assertion that Article 64 (1) of the National Pension Act provides that "the period of marriage shall be at least five years during the spouse's period of entitlement to the divided pension as the requirements of spouse entitled to the divided pension." The purport of entitlement to the divided pension is to recognize mental and material contribution during the marriage period, and Article 3 (2) of the National Pension Act includes a person in a de facto marital relationship under the application of the National Pension Act. It is reasonable to view that "Marriage period" is a case where the spouse's entitlement to the divided pension maintains a substantial marital relationship.
However, C is the insured period of the National Pension Service.