1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff (B) joined the National Pension Scheme on January 1, 1988 and paid KRW 44,030,200,000 as the pension premium for a total of 340 months until April 13, 2017 (the partial suspension period).

B. On July 21, 2017, the Plaintiff filed a claim for payment of a lump-sum refund to the Defendant. However, the Defendant rendered a decision on the amount of a lump-sum refund payable to the Plaintiff on July 24, 2017 on the ground that the payment of a lump-sum refund is limited if the total insurance coverage period exceeds 120 months,

(hereinafter “Disposition in this case”). 【No dispute exists, entry of Gap’s evidence No. 1, and the purport of the entire pleadings

2. To make entries in the attached statutes concerned;

3. Whether the instant disposition is lawful

A. The plaintiff's assertion requires a lump-sum refund for medical treatment and livelihood in an imminent situation where it is difficult to predict life-sustaining due to a serious disease.

However, Article 77 (1) of the National Pension Act provides that when a person whose insurance coverage period is less than 10 years reaches 60 years of age, when a person who is or was a subscriber dies, when he/she loses nationality or emigrates overseas, a lump-sum refund cannot be claimed for any reason other than the payment of a lump-sum refund.

Since the above provision is an unconstitutional provision that deviates from the limit of the legislative formation right and limits the property right to receive a lump-sum refund of a subscriber in excess of the reasonable scope, the instant disposition based on the above provision must be revoked in an unlawful manner.

B. The determination of a lump-sum refund system is a system operated for a limited period in a country with a short history of the public pension system, and is not a system to exceptionally consider those who are currently included in the National Pension Service or who are unlikely to expect to receive pension on the grounds of death, nationality loss or migration abroad, nor a system to allow those who are expected to expect to receive pension to choose or determine the method of pension payment.

In addition, Article 77 of the National Pension Act.