1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On April 30, 1979, the deceased B (Cre, hereinafter “the deceased”) has been paid a retirement pension after discharge.

B. The Plaintiff and the Deceased reported their marriage on April 3, 199.

C. The Deceased died on December 6, 2016.

The Plaintiff asserted that the deceased’s spouse constitutes a bereaved family member under Article 3(1)4 of the Military Pension Act and filed a claim for the payment of the survivor pension with the Defendant.

However, on January 10, 2017, the Defendant issued a disposition to pay the survivor pension site to the Plaintiff on the ground that “the spouse who was married after his/her retirement does not fall under the bereaved family under Article 3(1)4 of the Military Pension Act after his/her retirement as stipulated in Article 3(1)4(a) of the Military Pension Act, and the Plaintiff is married with the deceased after his/her age of 61, and thus, does not fall under the bereaved family under Article 3(1)4 of the Military Pension Act.”

(hereinafter “instant disposition”) e.

On March 16, 2017, the Plaintiff filed a request for reexamination with the Military Pension Benefit Review Committee. However, the said Committee dismissed the Plaintiff’s request on June 26, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 6, 7, 9, Eul evidence 1 to 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Article 3(1)4(a) of the Military Pension Act provides that the spouse who was in a de facto marital relationship also falls under the bereaved family under Article 3(1)4 of the Military Pension Act.

The plaintiff formed a de facto marital relationship with the deceased around 1994, before the deceased reached the age of 61, and thus constitutes a bereaved family under Article 3 (1) 4 of the Military Pension Act.

Therefore, the instant disposition is unlawful on a different premise.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Determination de facto marriage is a marital life in which the parties have an intention to marry between themselves and are objectively recognized in terms of family order.