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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Details of the disposition;
A. The Plaintiff A, while serving as a public official, was retired in around 199 and was subject to the lump-sum retirement pension under the Public Officials Pension Act.
Plaintiff
B is the spouse of the plaintiff A.
B. On June 2014, the Defendant sent a notice to the Plaintiffs regarding “the guidance to implement the basic pension scheme”.
The above notice states that "the basic pension is paid to elderly persons whose recognized amount of income is not more than 65 years old and less than the standard amount of selection (870,000 won per single household, 1392,000 won per married couple's household)," and the place of application, application period, preparation documents, etc. under the title of "the guidance for application" was stated, and this notice states that "this notice shall be sent to elderly persons who are aged 65 years old and older than 65 years old, regardless of whether they are eligible for the elderly persons, at the present (as of July 1, 2014)."
C. Upon receipt of the above notice, the Plaintiffs applied for the payment of the basic pension to the Defendant, and the Defendant paid a total of KRW 2,412,480 to the Plaintiffs from August 2014 to September 2015 respectively.
On April 11, 2016, the Defendant sent official questions to the Plaintiffs on the title “written notice prior to the decision to recover unjust payments of basic pensions.”
In the official text, the basic pension was paid under the status without entitlement to a pension due to occupational pension (the receipt of lump-sum benefits, such as public officials, private school personnel, military personnel, special post office personnel, etc.), and thus, the basic pension paid from August 2014 to September 2015, based on Articles 3 and 19, etc. of the Basic Pension Act, stated that the basic pension should be recovered from each of the plaintiffs.
On May 10, 2016, the Defendant notified the Plaintiffs that “the basic pension 2,412,480 won paid from August 2014 to September 2015 shall be recovered” respectively.
hereinafter referred to as "each disposition of this case"
(i) [In the absence of dispute on the basis of recognition, A, Nos. 1, 4, 5.