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(영문) 서울행정법원 2018.01.12 2017구합6341

국민연금 분할지급취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

The Plaintiff joined the National Pension Scheme on November 1, 1998 and maintained the eligibility for an insured until January 2017, and received an old age pension retroactively from the Defendant on May 25, 2017.

On April 6, 1980, the Plaintiff married with B (C) on August 21, 2012, but divorced on August 21, 2012, B claimed the Defendant to pay the divided pension for the Plaintiff’s old age pension that was his spouse pursuant to Article 64(1) of the National Pension Act.

On July 11, 2017, the Defendant determined the payment of the divided pension to B and notified the Plaintiff of the change in the content of the pension payment right.

(hereinafter “Disposition in this case”). [The grounds for recognition] did not dispute, Gap’s evidence Nos. 1 through 3 (including each number), Eul’s evidence Nos. 1 and 2, and Plaintiff’s assertion as to the legitimacy of the disposition in this case as a whole during the period in which the Plaintiff joined the National Pension Scheme and paid the pension premium, and the Plaintiff’s assertion as to the legitimacy of the disposition in this case was not in a marital relationship with B, in fact, since the Plaintiff was in a legal marital relationship with B during the period in which he paid the pension premium, and the Plaintiff’s actual maintenance of livelihood was in a state of failure. The Plaintiff’s payment of divided pension to B

The attached details of the relevant statutes shall be as specified in the statutes.

Judgment

Article 64 (1) of the National Pension Act provides that if a person who has been married for at least five years (limited to the period of marriage during which his/her spouse's insurance coverage period) meets all certain requirements, he/she may receive a divided pension for the old age pension of his/her spouse during his/her lifetime from that time, he/she shall have been divorced from his/her spouse (Article 1) (Article 1), a former spouse shall be an old age pension beneficiary (Article 2), and a former spouse shall be an old age pension beneficiary (Article 60

According to the National Pension Act, a person who satisfies the requirements set forth in Article 64(1) of the National Pension Act is divided pension to the defendant.