유족연금수급권 미해당처분취소
1. On June 5, 2018, the Defendant’s disposition that did not have the right to receive a survivor pension against the Plaintiff is revoked.
2. The costs of lawsuit shall be.
1. Details of the disposition;
A. The Plaintiff’s legal spouse B (hereinafter “the deceased”) received old age pension as prescribed by the National Pension Act from January 2003, and died on April 4, 2018.
B. On April 18, 2018, the Plaintiff filed a claim for a survivor pension under Article 72 of the National Pension Act on the ground that the deceased died with the Defendant.
C. On June 5, 2018, the Defendant notified the Plaintiff of the decision that “the Plaintiff does not constitute a beneficiary of the survivor pension on the ground that “the Plaintiff’s livelihood is not supported by the Deceased at the time of his death and does not constitute a bereaved family member under Article 73(1) of the National Pension Act.”
(hereinafter “Disposition of this case”). 【Disposition of this case’s ground for recognition of this case’s existence of no dispute, entry of Gap’s 1 through 4, the purport of the whole pleadings and arguments
2. Whether the instant disposition is lawful
A. The plaintiff's assertion that he was living together with his spouse in Busan around 1997 is recognized, but the deceased regularly visited the plaintiff's residence and was responsible for his livelihood until he died.
Therefore, the Plaintiff constitutes a “spouse whose livelihood had been maintained by the deceased at the time of his death” under Article 73(1)1 of the National Pension Act and constitutes a beneficiary of the survivors’ pension, and thus, the instant disposition is unlawful.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. According to Article 73(1) of the National Pension Act, bereaved family members entitled to receive a survivor's pension include the spouse, children (limited to those aged below 25, or with at least a second degree disability), parents (including the spouse's parents, and limited to those aged 60 or higher, or with at least a second degree disability), grandchildren (limited to those aged 19 or with at least a second degree disability), and grandparents of grandparents at the time when the beneficiary of the old age pension dies.