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(영문) 서울행정법원 2020.08.20 2020구단57724
사망조위금에 대한 양수금
Text

1. The independent party intervenor's claim is dismissed;

2. The litigation costs shall be borne by the independent party intervenor;

Reasons

1. Basic facts

A. On April 1, 2014, C (hereinafter “the deceased”) died on June 28, 2017 while serving as a public official under the contract of the military finance management body of the Ministry of National Defense. The Intervenor is a person in a de facto marital relationship with the deceased at the time of the death of the deceased.

B. On November 29, 2017, an intervenor filed an application with the Defendant for the payment of bereaved family benefits, retirement allowances, and condolence money pursuant to the Public Officials Pension Act on the grounds of the deceased’s death. However, on December 6, 2017, the Defendant rendered a disposition of bereaved family benefits, retirement allowances, and condolence money against the Intervenor.

C. On February 8, 2018, the Intervenor filed a request for review with the Public Official Pension Benefit Review Committee. On February 8, 2018, the said Committee revoked the bereaved family’s benefits and retirement allowance site pay disposition, and made a decision to dismiss a claim for cancellation of a disposition of site payment of death condolence money.

On May 10, 2018, an intervenor filed a lawsuit seeking revocation of a disposition of a site-based payment of condolence money by this Court 2018Guhap64221, and this court rendered a judgment dismissing the Intervenor’s claim on September 20, 2018.

The intervenor filed an appeal against the intervenor (Seoul High Court 2018Nu69587) Seoul High Court revoked the above judgment on April 23, 2019 and sentenced the cancellation of the disposition of the claim for death condolence money, and the defendant's appeal (Supreme Court 2019Du42112) was dismissed on November 14, 2019 and the judgment of the Seoul High Court became final and conclusive as it is.

E. On November 20, 2019, an intervenor applied again to the Defendant for the payment of condolence money, and the Defendant paid KRW 17,679,680 to the intervenor on November 28, 2019.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3 (including branch numbers in case of additional number), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The defendant shall immediately pay condolence money when there is an application for the payment of condolence money, and if not, at the statutory rate, it shall apply.

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