2. The costs of the lawsuit are assessed against the defendant.

A. The Plaintiff is a spouse B of a public official who died on October 30, 2012 (hereinafter “the deceased”).

On June 20, 2016, the Plaintiff claimed bereaved family benefits following the death of the deceased to the Defendant.

On July 5, 2016, the Defendant: (a) deemed that the spouse of a public official who died while in office claims bereaved family benefits together in accordance with the internal guidelines and paid the bereaved family benefits and condolence money together; (b) paid the Plaintiff KRW 10,653,000 (hereinafter “the instant condolence money”) along with the bereaved family’s bereaved family benefits.

B. On September 7, 2016, the Defendant rendered a guidance on the redemption of the instant condolence money (hereinafter “instant disposition”) to the Plaintiff on the ground that the instant condolence money was paid even though the three-year statute of limitations as stipulated in Article 81(1) of the Public Officials Pension Act had expired, on the grounds that the instant condolence money was paid.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4, Gap evidence 2-1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings

2. To make entries in the attached statutes concerned;

3. Where there is a defect in an administrative act as to whether the disposition of this case is legitimate, the agency which has made the disposition of this case may revoke it on its own without any separate legal basis.

However, when cancelling a beneficial administrative disposition, it may be revoked only when the public interest needs to be revoked and when the public interest needs to be justified after comparing and comparing disadvantages suffered by the parties, such as the necessity of the public interest and the infringement of trust and stability in legal life, etc.

Death condolence money has characteristics as money donated for the purpose of causing mental distress to the bereaved family and lowering the economic burden of the bereaved family due to funerals and contributing to the stabilization of the livelihood of the bereaved family.