1. The instant lawsuit shall be dismissed.

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

1. Case history

A. On September 19, 2016, the Plaintiff submitted a written petition to the Defendant for the payment of the divided pension under Article 64 of the National Pension Act. On September 19, 2016, the Defendant sent to the Plaintiff a written civil petition stating, “The Plaintiff may receive the divided pension when he/she reaches the age of his/her payment, and the spouse who was divorced without reaching the age of the divided pension shall not receive the divided pension retroactively from the time he/she started to receive the divided

B. In the instant lawsuit, the Plaintiff asserted that the former spouse ought to receive the divided pension retroactively from the time when the national pension was commenced, and sought payment of KRW 30 million and damages for delay.

2. Determination as to the legitimacy of the instant lawsuit

A. According to the National Pension Act, the benefits are paid by the Service at the request of the beneficiary (Article 50(1)), and a person who satisfies the requirements of Article 64(1) is entitled to receive the divided pension, and the method of calculating the amount is prescribed in Articles 64(2) and 63.

On the other hand, a person who is dissatisfied with a disposition taken by the Service on the qualification of an insured person, standard monthly income, pension contributions, and other dues and benefits under this Act can file a request for examination with the Service (Article 108(1)) and the procedures for reexamination thereof.

(Articles 110 through 112). In light of such relevant provisions, the right to receive benefits, such as a divided pension, under the National Pension Act, does not directly arise pursuant to the provisions of Acts and subordinate statutes, but arises only when the Corporation recognizes the right to receive benefits as requested by a person who wishes to receive benefits. As such, the Plaintiff, if the Defendant did not recognize the right to receive the divided pension or only part of the claimed amount, is recognized as a specific right by filing an appeal against such disposition.