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(영문) 서울행정법원 2020.04.02 2019구합6338

유족연금비해당결정처분취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

A. B, as of May 22, 2001, was born in 1933, and died on September 3, 2007, after completing the marriage report with the Plaintiff.

(hereinafter referred to as “the deceased”).

On April 1, 2019, the Plaintiff filed a civil petition with the purport to seek “request from a beneficiary of a survivor’s pension and a beneficiary of a pension as evidentiary data” through a national newspaper.

(hereinafter “instant civil petition”). C.

On April 12, 2019, the head of the National Armed Forces financial management body responded to the following purport regarding the above civil petition by taking the addressee as the Plaintiff as the title "civil petition reply".

(이하 ‘이 사건 민원회신). ▣ 이 사건 민원회신 요지 민원인이 2019. 4. 1. 문의하신 사항은 ‘유족연금 수급자 및 연금 수급자 관련 근거자료 요청'으로 이해됩니다.

- A civil petitioner is currently filing a civil petition several times with the same content at present.

The low-income agency has provided sufficient answers to the relevant content, but it has again made a reply once again.

- The deceased (B) mentioned by the civil petitioner is not a pension recipient.

Therefore, no pension is paid, and no pension beneficiary certificate does exist.

The plaintiff's assertion that the disposition of this case's civil petition of this case should be revoked because the plaintiff himself/herself is eligible to receive a survivor's pension, and the defendant's argument that there is no dispute (applicable to recognition), Gap Nos. 1, 2, and 3's statement, the purport of the whole argument, and the purport of the lawsuit of this case's purport is the legitimacy of the lawsuit of this case's civil petition of this case's civil petition of this case's case's civil petition of this case's civil petition without following the procedures prescribed by the Military Pension Act for claiming a survivor's pension. Thus, the defendant'

It is as shown in the attached Form of the relevant statutes.

Judgment

1. Articles 2(1)1 and 3(1) of the Administrative Litigation Act shall be construed as an “disposition” which is the object of an appeal litigation by an administrative agency.