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(영문) 제주지방법원 2017.05.31 2016구합418
유족연금승계불가처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. Family relationship of the deceased and public official status relationship 1) Net B (hereinafter “the deceased”).

On October 1, 1966, while serving as a public educational official, the deceased retired on February 28, 1997, and the retirement pension was received from the next month, and died on February 15, 2016.2) The date E was born between the deceased and C, and the deceased and C reported the birth of E on the same day on May 4, 1965.

On the other hand, the Deceased and C reported the divorce on April 11, 1997.

3) The Deceased and the Plaintiff were married on December 18, 1957. The Deceased were born between the Plaintiff and the Plaintiff on a F date G, and the birth report on G was made on March 16, 1976. The Deceased and the Plaintiff reported marriage on April 14, 1997.

5) The deceased’s family relationship, public official status, etc. are summarized as follows. On December 18, 1957, 1957, between the deceased and the Plaintiff’s married 2D deceased and the Plaintiff’s married 3F deceased on December 14, 1957, G (the birth of the deceased on May 4, 1965 and C marriage report on October 16, 1966, and the birth report on October 16, 196, appointed as a public educational official of the deceased on March 16, 197, on the deceased’s retirement on February 28, 197, the agreement between the deceased and C on April 14, 1997 and the deceased on April 14, 1997, the death of the deceased on February 15, 196.

B. On May 25, 2016, the Plaintiff’s application for succession to a survivor pension and the Defendant’s refusal disposition filed an application with the Defendant for succession to a survivor pension under Article 56(1)1 of the Public Officials Pension Act, claiming that the Defendant is the deceased’s spouse as the deceased’s spouse. However, on May 30, 2016, the Defendant rendered a disposition that succession to a survivor pension is not possible on the ground that the deceased’s status was not married at the time of his/her death (from October 1, 1966 to February 28, 1997) as a public official (hereinafter “instant disposition”).

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