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(영문) 서울행정법원 2020.04.14 2019구합75532
유족연금승계신청 불승인결정취소 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 28, 1968, the deceased B (CB; hereinafter “the deceased”) is appointed as a police officer and serving as a police officer on May 28, 1968.

On June 20, 1994, retired from office as a slope.

B. The Deceased married with D on February 21, 1972, but divorced on April 10, 1996, and married with the Plaintiff on July 3, 1997.

C. On October 5, 2017, the Deceased died. On October 10, 2017, the Plaintiff filed an application for succession to a survivor pension with his/her spouse who was supported by the Deceased at the time of his/her death. However, on November 2, 2017, the Defendant notified the Plaintiff of non-approval of the application for succession to a survivor pension on the ground that the legal marital relationship with the Deceased was established after his/her retirement.

The plaintiff filed a request for review with the Public Official Pension Benefit Review Committee, but was dismissed on February 8, 2018.

Around April 25, 2019, the Plaintiff filed an application for succession to a survivor pension to the next Defendant. The Defendant, around April 27, 2019, returned the application form, etc. to the Plaintiff and sent it to the Plaintiff on the ground that it was a re-application for the same issue. However, on July 1, 2019, the Plaintiff sent it to the Plaintiff’s legal representative.

(hereinafter referred to as the "disposition of this case"). [Grounds for recognition] Gap's 1 to 4, Eul's 1 to 5, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion was that the Plaintiff was in a de facto marital relationship with the Deceased from around April 1993, and the marital relationship between the Deceased and D was broken down at the time, and thus, the instant disposition was unlawful for the reason that the Plaintiff was not in a marital relationship at the time of the

(b) as shown in the attached Form of the relevant statutes;

C. 1) The former Public Officials Pension Act (wholly amended by Act No. 15523, Mar. 20, 2018; hereinafter the same shall apply)

Article 3 (1) 3 (a) shall be limited to a person who is or was a public official with respect to his/her spouse among the "bereaved family members" entitled to a survivor pension and who was supported by him/her at the time of his/her death, and a person who was in a de facto marital relationship.

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