유족연금부지급결정처분취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the instant disposition
A. The Plaintiff is the wife of the deceased B (hereinafter “the deceased”), and the deceased was dead on October 28, 2005 as a national pension subscriber.
B. At the time of death, the Deceased was residing in the Southern-gu C at Port and the Plaintiff was residing in Gangnam-si D.
C. On May 20, 2015, the Plaintiff applied for the payment of a survivor pension to the Defendant on the ground of the deceased’s death, who is his spouse. On May 28, 2015, the Defendant notified the Defendant that the deceased’s domicile was different at the time of the deceased’s death and that there was insufficient grounds to recognize that the deceased’s domicile was inevitably different due to employment, and that the deceased’s employment was not a beneficiary of the survivor pension.
(hereinafter “Disposition in this case”). [Grounds for recognition] A] The fact that there is no dispute, entry of Gap’s 1 through 4 (including additional numbers), the purport of the entire pleadings.
2. Whether the instant disposition is lawful
A. The plaintiff asserted that he was unable to maintain his livelihood by supporting his children only with the importation of the deceased while living together with the deceased. The plaintiff was forced to move his residence to a place where he could work.
Although the plaintiff does not fall under the case where he lives together with the deceased.
Even if a person’s residence is recognized as a bereaved family member under the relevant Act and subordinate statutes, it constitutes “where the person has a different residence due to the party’s employment,” and thus, the instant disposition based on the
(b) Attached to relevant Acts and subordinate statutes;
C. (1) Determination (1) Article 63(1) of the former National Pension Act (wholly amended by Act No. 8541, Jul. 23, 2007; hereinafter the same) provides that bereaved family members entitled to a survivor pension shall be “spouse, etc. whose livelihood was maintained by a person who is or was an insured person at the time of the death of the person who was an insured person” and on “a person whose livelihood was maintained by a person who was an insured person”.