유족연금승계불승인결정처분취소
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The reasons why the court should explain this part of the disposition are the same as the corresponding part of the judgment of the court of first instance. Thus, this part of the judgment is cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
2. Judgment on the main defense of this case
A. The Defendant’s assertion filed a lawsuit seeking revocation of the new trial decision on February 18, 2014, but sought revocation of the above claim on April 17, 2014 and revocation of the non-approval decision on succession to the survivors’ pension, which is the original disposition, made an alteration of the claim in exchange for the lawsuit to modify the purport of the lawsuit. On April 17, 2014, the date of the new lawsuit, was three months after September 27, 2013, which is the date of original disposition, and thus, the instant lawsuit is unlawful because it failed to comply with the period of filing the lawsuit.
B. 1) According to Article 20 of the Administrative Litigation Act, a revocation lawsuit shall be filed within 90 days from the date on which the disposition, etc. is known. However, in a case where an administrative appeal claim is possible, the period from the date on which the original copy of the written judgment is served upon the request for administrative appeal. Furthermore, in a case where the previous lawsuit is withdrawn by exchanging the purport of the claim and the new lawsuit is deemed to have been instituted, compliance with the period for filing a lawsuit against the new lawsuit shall be determined as of the time when the lawsuit is modified in principle. Meanwhile, in a case where the content of the purport of the claim itself is unclear as to the subject matter of lawsuit, if the party asserts that the subject matter of lawsuit is the subject matter of lawsuit due to the cause of the claim, the court must clarify the same as the fact that the claim is the subject matter of lawsuit, and it shall not be deemed a new claim if it is clearly changed as to the cause of the claim (see Supreme Court Decision 81Nu106, Sept. 28, 1982).