연금분할비율별도결정거부처분취소
The judgment below is reversed, and the case is remanded to Busan High Court.
The grounds of appeal are examined.
1.(a)
Article 64(1) of the National Pension Act provides that “If a person who has been married for at least five years is divorced from his/her spouse (Article 64(1)1), the person who has been his/her spouse shall be an old age pension beneficiary (Article 64(2)2), and the person who has been his/her spouse shall be an old age pension beneficiary (Article 60(3)3), a certain amount of pension calculated by dividing his/her spouse’s old age pension during his/her lifetime (hereinafter “divided pension”).” Article 64(2) of the National Pension Act provides that “The amount of divided pension shall be the amount calculated by equally dividing the amount of pension corresponding to the period of marriage among the amount of old age
Meanwhile, Article 64-2(1) of the National Pension Act provides, “If a separate decision is made with respect to the division of a pension under Article 839-2 or 843 of the Civil Act, notwithstanding Article 64(2), the same shall apply thereto (hereinafter referred to as “the Special Provision”).” Article 64-2(2) provides, “If a separate decision is made on the division of a pension under paragraph (1), the rate of division, etc. shall be reported to the Service.”
B. The right to receive a divided pension under Article 64 of the National Pension Act is to allow a divorced spouse to receive liquidation and distribution by recognizing the contribution of the former spouse to the formation of the right to receive an old-age pension during the marriage period. On the other hand, the right to receive an old-age pension has been created to ensure a certain level of old-age income based on the other spouse’s entitlement to an old-age pension even for a spouse who was unable to join the National Pension
( Constitutional Court Order 2015Hun-Ba182 Decided December 29, 2016). This is distinct from the right to claim division of property under the Civil Act, which is the inherent right of a divorced spouse who may receive directly from the National Pension Service under the National Pension Act.
In principle, it is true.