유족연금승계신청 불가 결정 취소
1. The Defendant’s disposition of refusal to file a survivor pension application with the Plaintiff on September 13, 2016 is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. B served as a fire officer from March 25, 197 to June 30, 2002.
The plaintiff was married on February 6, 2001 with B, but divorced on November 12, 201.
B died on June 30, 2016.
B. On September 6, 2016, the Plaintiff filed an application for succession to a survivor pension with the Defendant. However, on September 13, 2016, the Defendant rendered a disposition of refusal to succeed to a survivor pension on the ground that “In order for a pension recipient’s spouse to be a bereaved family under the State Public Officials Act, the pension recipient was a person who was supported at the time of his/her death as a pension recipient, who was in a marital relationship (including de facto marriage) in order for the pension recipient to be a public official under the State Public Officials Act, and the support should be based on a certificate concerning the family relationship record submitted by the Plaintiff. According to the certificate concerning the family relationship record submitted by the Plaintiff, the Plaintiff is confirmed to have been a marital relationship
(hereinafter “Disposition in this case”). 【No dispute exists, entry of Gap 1 through 3 and 6 evidence, the purport of the whole pleadings and arguments
2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;
3. Whether the instant disposition is lawful
A. Article 3(1)3(a) of the Public Officials Pension Act provides that “A spouse who is a public official or a former public official, who was supported by him at the time of his death (including de facto marriage)” refers to “a person who was in a marital relationship (including a de facto marital relationship) at the time of his/her death.” Article 3(1) [Attachment Table] of the Enforcement Decree of the Public Officials Pension Act provides that “Where the spouse was not his/her spouse on the certificate of family relation record but had different addresses on the resident registration card, the spouse is deemed to have actually lived with his/her residence and livelihood at the address of the former public official or the former public official.”
(b) Gap 2, 4, 5, and 5.