The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

Interpretation of Acts and subordinate statutes must be conducted in a way that finds concrete feasibility within the extent that does not undermine legal stability.

In order to do so, in principle, the interpretation of the language and text used in the statute is faithfully interpreted in the ordinary meaning of the language and text used in the statute, and further, the systematic and logical interpretation method that takes into account the legislative intent and purpose, the history of enactment and amendment, harmony with the entire legal order, relationship with other Acts and subordinate statutes should be followed by the request for interpretation

Article 46-3(1) of the Public Officials Pension Act (wholly amended by Act No. 13387, Jun. 22, 2015; hereinafter “Revised Act”) effective on January 1, 2016 (see, e.g., Supreme Court Decision 2010Du7604, Oct. 11, 2012) provides that “a spouse shall have divorced from his/her spouse during the period of marriage as a public official ( Subparagraph 1); a former spouse shall be a beneficiary of retirement pension ( Subparagraph 2); and a former spouse shall be 65 years of age (limited to 60 years of age from 2016 to 2021) (Article 2(2)1 of the Addenda to the amended Act).” Article 46-3(1) of the same Act provides that “The amount of a retirement pension of the former spouse during his/her lifetime may be equally divided by a certain amount of pension (hereinafter “divided pension”) during the period of marriage.”

In addition, Article 46-4 of the Civil Act provides that "Notwithstanding Article 46-3, the division of pension is determined separately pursuant to Article 839-2 or 843 of the Civil Act."

The text and structure of the above provision, and the right to receive a retirement pension or early retirement pension acquired by a public official during the marriage period for a public official’s spouse divorced from the public official’s office is formed.