1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. As the former national pension subscriber B died on November 5, 2015, the Plaintiff, as a de facto spouse of the Deceased B (hereinafter “the Deceased”) on February 14, 2017, requested the Defendant to pay a survivor pension (hereinafter “instant application”).

B. On March 28, 2017, the Defendant issued a disposition rejecting the payment of a survivor pension on the ground that “The period during which the deceased paid the pension premium is shorter than 2/3 of the total period during which the deceased paid the pension premium and the period during which the pension premium was not paid, and thus, the Defendant cannot pay the survivor pension pursuant to Article 85 subparag. 2 of the former National Pension Act (amended by Act No. 14214, May 29, 2016; hereinafter “former National Pension Act”).”

(hereinafter “instant disposition”). C.

The Plaintiff, who was dissatisfied with the instant disposition, filed a request for review to the Defendant, but was dismissed on May 29, 2017, and subsequently filed a request for reexamination to the National Pension Review Committee. However, the Plaintiff was dismissed on July 28, 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Although the Plaintiff, a de facto spouse of the deceased’s de facto spouse, requested the Defendant to pay the survivor pension, the Defendant issued the instant disposition on the ground that “The deceased did not pay the pension premium upon making an application for exception to the payment of the pension premium on the ground that the deceased was in a position at the time of being employed as an individually insured person. However, it was revealed that the deceased actually accrued income during the above period, and that the decision to resume the payment of the pension premium of the individually insured person was made upon the decision to resume the payment of the pension premium

The Defendant, at the request of the Deceased, issued a “decision on the exception of pension premium payment”, which is a beneficial administrative act, and cancelled ex officio (decision on the resumption of pension premium payment) retroactively.