1. The plaintiff's claim is dismissed.

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

Details of the disposition

On July 22, 1986, the deceased B (hereinafter referred to as “the deceased”) was appointed as a public official of Chuncheon City, and retired on August 30, 1990. On May 22, 1996, the deceased died on March 30, 2014.

The plaintiff is the deceased's spouse.

On May 13, 2014, the deceased died without filing an application for aggregation of his/her tenure of office, and on June 3, 2014, the Plaintiff filed an application for aggregation of his/her former tenure of office with the Defendant (from July 11, 1986 to August 30, 199) and applied for the change of his/her bereaved family’s benefits.

On June 3, 2014, the Defendant rendered a notification that “the Plaintiff shall not have the authority to file an aggregate application as a bereaved family member who is not a public official himself/herself, and the Deceased shall not file an aggregate application as he/she loses his/her public official’s qualification due to his/her death ( March 30, 2014)” (hereinafter “instant disposition”).

[Ground of recognition] The plaintiff's assertion as to the legitimacy of the disposition in this case as to Gap's evidence No. 1, and the purport of the whole argument is not limited to the public official himself who holds office, and the plaintiff's succession to the right to apply for adding the period of service as the heir of the deceased. Thus, the plaintiff can apply for adding the period of service.

The instant disposition is unlawful on a different premise.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

The aggregate of the tenure of office is a voluntary system in which a public official is appointed after his/her retirement under the relevant pension Act and the former tenure of office or service period under the relevant pension Act is added to the current tenure of office.

In this regard, Article 23 (2) of the Public Officials Pension Act may add the service period or service period under the previous relevant pension Act to the service period, at the request of the person in question, where a retired public official is appointed.