급여선택 소급변경 거부처분 취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons for the entry of this case by the court of first instance concerning this case are as stated in the reasons for the judgment of the court of first instance, since Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act are the same as that of the judgment of the court of first instance, in addition to the submission or addition of part of the judgment of the
Part 1 to 4 of the first place shall be deleted.
The following shall be added subsequent to the second sentence of the fifth page:
“National Pension Service (National Pension Service is human beings)”
As a social security benefit to ensure a happy living, it is desirable to pay a lot of benefits if the amount of benefits can maintain a minimum living standard in line with other economic conditions. However, since the number of beneficiaries of benefits increases due to aging of population, etc., the amount of benefits need to be adjusted to maintain a long-term balance of the national pension finance. In light of the social security nature of the national pension, the amount of benefits should be determined based on the amount of pension contributions paid by the beneficiary (see Constitutional Court Order 97Hun-Ma190, Jun. 1, 200). If the National Pension Service paid pension benefits due to a third party's tort, it is not necessary to determine the amount of benefits based on the amount of pension contributions paid by the beneficiary to maintain the minimum living (see Supreme Court Order 97Hun-Ma190, Jun. 1, 200). The National Pension Service is subrogated to the third party's right to claim damages against the third party within its scope of benefits (see Article 114 of the National Pension Act).