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(영문) 대구지방법원 2015.02.11 2014구합21730
퇴직(연금)일시금지급청구
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. B on March 21, 1991, he/she was appointed as a local office assistant (class 10) at the Gyeongbuk-do Office of Education C, and from April 1, 2013, he/she served as a functional Grade-7 local assistant at the D elementary school of the Gyeongbuk-do Office of Education, and died on June 12, 2013.

B. On June 27, 2014, the Plaintiff filed an application with the Defendant for the payment of a lump-sum survivors’ pension pursuant to Article 56(1)1 of the Public Officials Pension Act and Article 48 of the Enforcement Decree of the same Act. On July 2, 2014, the Defendant notified the Plaintiff of the determination of the amount of a lump-sum survivors’ pension for the reason that “the Plaintiff is not a bereaved family member under Article 3(1)3 of the Public Officials Pension Act” (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 3, 7, and 13, and the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that: (a) after the divorce on February 2, 201, the Plaintiff liveded with B at a house that was newly constructed in the north-gu E field near the Posi-gu, Posi-si; and (b) was supported by B at the time of his death; (c) thus, the Plaintiff constitutes the bereaved family under Article 3(1)3 of the Public Officials Pension Act; (d) on the other premise, the instant disposition against the Plaintiff was unlawful.

(b) Entry in the attached Form of relevant statutes;

C. Determination 1) Article 56(1) of the Public Officials Pension Act provides that where a present or former public official dies of a person entitled to receive a retirement pension or early retirement pension (Article 56(1)1); where a person entitled to receive a disability pension dies (Article 56(2)2); where a person is deceased on official duty or died of a disease or injury caused by official duty (Article 3(1)3), a survivor pension shall be paid; and Article 3(1)3 of the same Act provides that “bereaved family” means a spouse (limited to a person in a marital relationship with the former public official at the time of his/her death; and

(i)(a), etc.

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