유족연금지급불가결정처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The deceased B (hereinafter “the deceased”) was admitted to the military on August 1, 1953 and was appointed as the Staff Staff on November 15, 1957. On March 31, 1979, he was retired from the Army Master and was paid retirement pension from that time.
B. The Deceased married with the Plaintiff on May 16, 1969 (the age of 33 years of age of the deceased), while serving in the military, but the consultation was married on June 29, 1996, and thereafter married with the Plaintiff on April 22, 2014 (the age of 77 years of age of the deceased) and died on June 13, 2014.
C. On June 26, 2014, the Plaintiff filed an application for a survivor pension with the Defendant, but the Defendant rendered a provisional decision on July 1, 2014 on the payment of the survivor pension (hereinafter “instant disposition”) on the ground that “the Plaintiff cannot be a beneficiary of the survivor pension because he/she constitutes a married spouse after he/she was aged 61 after his/her retirement.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Gap evidence No. 10, the purport of the whole pleadings
2. Judgment on the main defense of this case
A. In the event that the Defendant’s main purport of the claim is modified, the determination on whether the period for filing the instant claim is complied with should be made based on the time when the application for modifying the purport of the claim was submitted. On December 26, 2014, the Plaintiff filed an application for modifying the purport of the instant disposition on September 19, 2014, seeking revocation of the new decision made by the Military Pension Benefits Review Committee on September 19, 2014 at the time of the instant lawsuit, and submitted an application for modifying the purport of the claim, which ought to be filed on January 9,
Therefore, the lawsuit of this case is unlawful even when the period of filing the lawsuit expires.
B. In a case where the amendment of the purport of the judgment to the purport of the claim is made and the amendment is made to the effect that a new lawsuit is withdrawn, compliance with the period of filing a lawsuit with respect to the new lawsuit shall be based on the time when the lawsuit is modified (see, e.g., Supreme Court Decision 2004Du7023, Nov. 25, 2004). In addition, the Plaintiff’s purport of the claim on December 26, 2014 is against the Plaintiff on September 19, 2014.