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(영문) 인천지방법원 2017.11.10 2017구합51130
유족연금지급 비대상결정처분 취소청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. (1) On December 23, 2016, the Plaintiff filed a claim for the payment of a survivor pension with respect to the death of the deceased B (the deceased’s death on November 1, 2016, hereinafter “the deceased”). On the same day, the Defendant rendered a decision to be eligible for a survivor pension on the ground that “the deceased’s pension payment period is shorter than 2/3 of the total period during which the pension premium was paid and the pension premium was not paid, and thus, the Plaintiff cannot be paid the survivor pension pursuant to Article 85 subparag. 2 of the former National Pension Act (amended by Act No. 14214, May 29, 2016; hereinafter “former National Pension Act”).

(2) On December 23, 2016, the Plaintiff was dissatisfied with the instant disposition and filed a petition for review with the National Pension Examination Committee, but was dismissed on January 31, 2017.

B. (1) On the other hand, the deceased’s pension premium payment period and unpaid period (1) and (1) the period for which the workplace subscriber had paid the pension premium (from January 1, 1992 to June 1994, April 1995 to June 1995, October 1996 to September 2001, February 2003 to February 2005, September 2006 to 2007, April 201 to December 2010, 2012 to August 2012, 2012 to February 2014, 20 to May 201, 200 to May 209, 20 to May 209, 200 to May 20, 1 to 2010; 200 to May 19, 200 to May 21, 209 to May 209.

At the time of the instant disposition, the period from September 2016 to October 2016 was not yet unpaid and thus, the said period is not included in the unpaid period. However, the said period should also be included in the unpaid period.

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