The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. Case summary and key issue

A. The reasoning of the lower judgment reveals the following circumstances.

1) B served as a police officer from September 20, 1968 to June 30, 201, and retired from office. 2) The Plaintiff married on May 26, 1975, but divorced on May 17, 1994 (hereinafter “the first marriage period”), and re-Marriage on July 8, 1998, but divorced on June 15, 2017.

(3) On June 27, 2017, the Plaintiff was partially amended by Act No. 13387, Jun. 22, 2015; and was wholly amended by Act No. 15523, Mar. 20, 2018; hereinafter “former Public Officials Pension Act”).

Although the Defendant claimed the installment payment of the public official pension received by B pursuant to Article 46-3, the first marriage period against the Plaintiff was divorced before the implementation of the divided pension system on July 18, 2017, the Defendant rendered the instant disposition of refusal on the ground that the Plaintiff failed to meet the requirements for the payment of the divided pension on the grounds that the second marriage period is less than five years since the spouse’s period of marriage is less than five years during the spouse’s period of service.

B. The key issue of the instant case is whether the period of marriage prior to the implementation of the divided pension system should be added up when determining whether “a spouse’s period of marriage is at least five years during the period of service of public officials” under the main text of Article 46-3(1) of the former Public Officials Pension Act, which is the requirement for the payment of the divided pension system, is met, if the person who claimed the divided pension and the former spouse who was a public official repeats both marriage

2. The reasonable interpretation of "a period of marriage for not less than five years"

A. Article 46-3(1) of the former Public Officials Pension Act provides that a person whose marriage period (limited to the marriage period during which his/her spouse has served as a public official) is at least five years, shall be as follows: