1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff (B) married on June 4, 1976 and divorced on March 5, 2012 with C (D)(E before the birth of the Plaintiff).

B. C maintained the eligibility of workplace-based insured persons under the National Pension Act from January 1, 1997 to December 31, 2009, and thereafter filed an application for early old age pension under Article 61(2) of the National Pension Act and acquired the entitlement to early old age pension around February 27, 2012.

C. On February 5, 2016, the Plaintiff filed a claim with the Defendant for the payment of the divided pension pursuant to Article 64 of the National Pension Act. However, the Defendant rendered a disposition rejecting the payment of the divided pension on the ground that the Plaintiff filed a claim for the payment of the divided pension after three years from March 5, 2012 when the Plaintiff met the requirements for the divided pension on the same day.

(hereinafter “instant refusal disposition.” On March 16, 2016, the Plaintiff filed a petition for review with the Defendant, but the Defendant dismissed the petition on April 25, 2016.

On August 1, 2016, the Plaintiff filed a request for reexamination with the National Pension Review Committee, and the said Committee filed a request for the payment of the divided pension after the lapse of three years from the time when the Plaintiff met the requirements for the divided pension. However, the said Committee made a decision to revoke the instant refusal disposition by determining that the instant refusal disposition was unfair, in consideration of the following: (a) C’s claim for the divided pension against the Plaintiff and received the divided pension from January 2016; (b) the right to receive old age pension occurs when it becomes ordinarily sixty years old; (c) the right to receive old age pension occurs when the former spouse did not demand the divided pension; and (c) the Plaintiff was difficult to know the receipt of the early old age pension by C.

(hereinafter “instant adjudication”). E.

Accordingly, the Defendant paid the divided pension to the Plaintiff according to the purport of the instant judgment.

F. However, C filed an administrative suit against the Minister of Health and Welfare seeking the revocation of the instant adjudication as Seoul Administrative Court 2016Guhap7613, and the said court on June 29, 2017.