1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. B (C) served under the Army Order, and was discharged from military service on June 30, 1968 and received retirement pension.

B. On December 28, 1959, the Deceased was married with the Plaintiff on December 28, 1959, and was divorced on November 19, 2007.

C. On April 16, 2013, the Deceased died on May 12, 2014 after having remarriedd with the Plaintiff.

On June 10, 2014, the Plaintiff applied for a survivor pension to the Defendant.

On June 11, 2014, the president of the Defense Finance Management Body representing the defendant as an administrative agency affiliated with the defendant, determined the payment of the survivor pension against the plaintiff on the ground that "the date of the plaintiff's final marriage with the deceased (the date of April 16, 2013) is excluded from the spouse entitled to receive the survivor pension pursuant to Articles 3 (1) 4 and 26 of the Military Pension Act, since the deceased's final marriage (the date of April 16, 2013)

(hereinafter referred to as “instant disposition”). 【Unsatisfyed Facts, Gap’s Evidence Nos. 1, 2, 7, and 8, Eul’s Evidence Nos. 1 and 2 (including paper numbers), the purport of the entire pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion, the deceased, and the Plaintiff were divorced by trial on November 19, 2007, but this is only in the form, and since the end of January 2008, it maintained a de facto marital relationship with Yongsan-gu Seoul Metropolitan Government D and maintained a de facto marital relationship. As such, the marriage relationship began from October 19, 1959 (the first marriage date) without interruption.

Therefore, the plaintiff constitutes a person in a de facto marital relationship that can receive a survivor pension, and the disposition of this case must be revoked in an unlawful manner.

B. The judgment of the bereaved family shall be paid to the bereaved family at the time of the death of the person entitled to the retirement pension, and the bereaved family members of the said person shall include the spouse (including a person in a de facto marital relationship) supported by him at the time of the death of the person who was or was a soldier, but the spouse married after the retirement of the person who was a soldier shall be excluded (Articles 26(1) and 3(1)4(a) of the Military Pension Act, and the entire arguments shall be made in the evidence Nos. 4 and 7(including the serial number).