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 retired after serving as a public official from March 17, 1987 to December 31, 2012.

(2) The Plaintiff: (a) was married on June 12, 208 with B, but divorced on June 22, 2007 (hereinafter “the first marriage period”); and (b) was divorced on September 2, 2008 but divorced on December 20, 2016 (hereinafter “the second marriage period”); (c) on July 20, 2017, the Plaintiff was partly amended by Act No. 13387, Jun. 22, 2015; and (d) requested for the installment payment of the public official pension to be received by B under Article 46-3 of the former Public Officials Pension Act (wholly amended by Act No. 1523, Mar. 20, 2018; hereinafter “former Public Officials Pension Act”), but the Defendant failed to meet the requirements for the refusal of the Plaintiff’s spouse during the marriage period on October 26, 2017.

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 “If 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 meets all the following requirements, he/she may receive a specified amount of pension divided by the retirement pension or early retirement pension of the former spouse during his/her lifetime from that time: