(영문) 서울행정법원 2008.11.6.선고 2008구합36326 판결

1. The Defendant’s decision on July 11, 2008 regarding the application for succession to a survivor pension that was filed by the Plaintiff on July 11, 2008 is revoked.

2. The costs of lawsuit are assessed against the defendant.

Purport of claim

The order is as set forth in the text.

Reasons

1. Details of the disposition;

(1) From around 1965, A worked for 33 years as a public official in technical service at ○○ Regional Railroad Office, and retired on June 30, 1998, and died on May 30, 2008 while receiving a retirement pension from the Defendant.

(2) During the above period, the status relationship between A and the plaintiff and B is as follows.

A person shall be appointed.

(3) On July 3, 2008, the Plaintiff filed an application for succession to the survivor pension with the Defendant. The Defendant, on July 11, 2008, notified the Defendant that the spouse of a person who is or was a public official under Article 3(1)2 of the Public Officials Pension Act is in a marital relationship at the time of his/her employment (based on the date of his/her retirement) in order for the former spouse to be recognized as a bereaved family under the above Act, and that the marital relationship has to be established at the time of his/her death as a public official or a former public official, on the premise that “the marital relationship between the Plaintiff and A on June 30, 1998, at the time of his/her retirement, does not exist, on the ground that there is no marital relationship between the Plaintiff and A (hereinafter referred to as “instant disposition”).

[Recognitions] Facts without dispute, Gap 1, 2, 3, 1 and 2

2. Whether the instant disposition is lawful

A. Party’s assertion

(1) The plaintiff's assertion

The spouse under Article 3(1)2(a) of the Public Officials Pension Act refers to the spouse who was supported by a person who was a person who was a public official at the time of his/her employment and who was a public official at the time of his/her death. Since the Plaintiff was a spouse who was a public official of A and was supported by A at the time of his/her death, the disposition of the instant case on a different premise is unlawful.

(2) The defendant's assertion

Article 3(1)2 of the former Public Officials Pension Act (amended by Act No. 5117 of Dec. 29, 1995) provides that "bereaved family" refers to a spouse (including a person in a de facto marital relationship), children, parents, grandchildren, and grandparents who were supported by a public official or a former public official at the time of his/her death. However, if a beneficiary of a retirement pension is entitled to a survivor pension even if he/she was living together with the report of marriage immediately before his/her death, there is a lot of room for abuse of the system under the current system where there is no limitation on the age of receiving the survivor pension, to exclude the payment of survivor benefits from the payment of survivor benefits.

In light of the reason for the amendment that excluded a person who was married, born, or adopted after retirement, there is no reason to regard the scope of the spouse differently from the scope of other bereaved family members. Thus, in order for the Plaintiff to be recognized as a bereaved family member as prescribed in Article 3(1)2(a) of the Public Officials Pension Act, a marital relationship must be established at the time of the Plaintiff’s retirement, and a marital relationship shall be established at the time of the death of A. Thus, the disposition of this case is lawful, since there was no marital relationship with A at the time of the Plaintiff’s retirement.

(b) the relevant provisions;

/ The Public Officials Pension Act

Article 3 (Definitions)

(1) The definitions of terms used in this Act shall be as follows:

1. The term "public official" means any person who always engages in public duties and falls under any of the following items:

(a) A public official under the State Public Officials Act, the Local Public Officials Act, or any other Act: Provided, That a soldier and a person elected to office;

public officials shall be excluded.

(b) Other personnel of the State or local government as prescribed by the Presidential Decree.

2. The term "bereaved family members" means the following supported by a person who is or was a public official at the time of his death:

Any person falling under any of the following items.

(a) Spouse (limited to a person who has been in a marital relationship at the time of his/her employment, and including a person in a de facto marital relationship);

(c) A child (excluding offspring born or adopted after the date of retirement, but an embryo or fetus at the time of retirement shall be born while in office;

A child shall be deemed a child; hereinafter the same shall apply)

(d) A grandchild (excluding a grandchild born or adopted after the date of retirement, but an embryo or fetus at the time of retirement shall be born while in office;

One grandchild shall be deemed to be a grandchild; hereinafter the same shall apply)

Article 23 (Calculation of Period of Service)

(1) The period of service of a public official shall be the number of months from the month in which he/she was appointed to serve as a public official to the month preceding the retirement date or death.

Article 56 (Survivor's Pension Benefits, Survivor's Pension Benefits, or Survivor's Pension Benefits)

(1) Where a person who is or was a public official falls under any of the following subparagraphs, a survivor's pension shall be paid: Provided, That in cases falling under subparagraph 1, when a public official is deceased while in office, a survivor's pension supplement shall be separately paid in addition to a survivor's pension, and when a person who has been a public official dies before the commencement of pension payment or a beneficiary of a retirement pension or early retirement pension dies within three years from the month following the month in which the day before

1. When a person entitled to receive a retirement pension or early retirement pension dies;

2. When a person who is entitled to receive the disability pension dies.

(2) In cases falling under the former part of the proviso to paragraph (1), when a survivor so desires, a lump sum of the survivor pension shall be paid in lieu of the survivor pension

C. Determination

(1) The purpose of the current Public Officials Pension Act is to secure the livelihood of the surviving family members who were supported by the surviving or former spouse at the time of their death and to improve their welfare, and the surviving family members who were entitled to receive the pension directly under these provisions (see Supreme Court Decision 98Da50340 delivered on September 26, 200), which is the first time of their death and to exclude the public officials from the scope of their marital relationship under the Public Officials Pension Act, by taking into account the overall public service as servants of the surviving or former spouse, and thus, to the effect that the term "the surviving or former spouse was excluded from the existing marital relationship for the purpose of protecting the livelihood of the surviving or former spouse at the time of their death." Article 3 (1) 2 of the Public Officials Pension Act provides that the term "the surviving or former spouse was excluded from the existing marital relationship for the first time of their death," and the reason is that the term "the surviving or former spouse was excluded from the existing marital relationship for the first time of their death."

(2) Therefore, the Plaintiff, who was in a marital relationship between A and was born at the time of A’s death, shall be deemed to fall under the bereaved family under Article 3(1)2(a) of the Public Officials Pension Act. Therefore, the first Defendant’s disposition on a different premise is unlawful.

3. Conclusion

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition with the assent of all participating Justices.