연금분할비율신고 미해당 결정처분 취소
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The reasoning for this part of the disposition by the court is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Whether the instant disposition is lawful
A. The Plaintiff’s entitlement to the Plaintiff’s old age pension includes the Plaintiff’s property that the Plaintiff decided not to file a claim for division of property any longer according to the instant conciliation decision.
Therefore, the instant adjustment decision was made by the Plaintiff, who is a beneficiary of an old age pension, to receive the entire old age pension, but C, who is a beneficiary of an old age pension, is a separate decision to not receive a divided pension, and the instant disposition that notified that it does not constitute a separate decision on the division of pension under Article 64-2(1) of the National Pension Act (hereinafter “instant provision”), is unlawful.
B. (1) Determination 1) The former National Pension Act amended by Act No. 5623 on December 31, 1998 (Article 57-2) newly established the divided pension system (Article 64(1) of the current National Pension Act). The above provisions also stipulate Article 64(1) of the current National Pension Act.
Article 64(1) of the National Pension Act provides that “If a person who has been married for at least five years is divorced from his/her spouse (Article 64(1)1), a person who has been his/her spouse shall be an old age pension beneficiary (Article 64(2)2), and a person who has been his/her spouse shall be an old age pension beneficiary (Article 60(3)), a specified amount of pension calculated by dividing his/her spouse’s old age pension during his/her lifetime from that time, may be received during his/her lifetime.” Article 64(2) of the National Pension Act provides that “The
Meanwhile, the instant provision, newly established by Act No. 13642 on December 29, 2015, is a pension under Article 839-2 or 843 of the Civil Act, notwithstanding Article 64(2).