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(영문) 서울행정법원 2016.08.19 2016구합50785
유족연금승계신청 반려처분 취소의 소
Text

1. On October 10, 2014, the part of the instant lawsuit that rejected the revocation of the disposition of refusal to succeed to survivor pension as of October 10, 2014.

2. The plaintiff.

Reasons

1. Details of the disposition;

A. B, who was receiving a retirement pension as a retired public official, died on December 7, 2013, and C is the spouse of B and the Plaintiff’s children.

B. On December 30, 2013, C filed an application with the Defendant for succession to a survivor pension with the purport that the Plaintiff, who is his spouse and disabled children, is the successor to the survivor pension, but the Defendant recognized only C as the successor to the survivor pension. On April 18, 2014, C decided not to succeed to the survivor pension with the Plaintiff.

The Plaintiff filed a request for review of the foregoing non-assignment decision with the Public Official Pension Benefit Review Committee, but was dismissed on September 25, 2014.

C. On August 20, 2014, the Plaintiff filed another application to succeed to the survivor pension again with the Defendant. On October 10, 2014, the Defendant rendered a decision that the Plaintiff was not entitled to succeed to the survivor pension (hereinafter “first disposition”).

On March 3, 2015, the Plaintiff filed a request for review on the first disposition with the Public Official Pension Benefit Review Committee, but was dismissed on June 3, 2015.

On October 12, 2015, the Plaintiff filed another application for succession to the survivor pension with the Defendant. However, on October 15, 2015, the Defendant rendered a decision to return the application for succession to the survivor pension (hereinafter “instant disposition”) to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 2, 9 through 11, and 13, the purport of the whole pleadings

2. Determination on this safety defense

A. The part of the Defendant’s main lawsuit of this case seeking revocation of Disposition 1, which was filed after the lapse of the 90-day filing period, is unlawful.

B. According to the provisions of Article 80 of the Public Officials Pension Act, a person who is dissatisfied with the benefits under this Act may request a review to the Public Officials Pension Benefit Review Committee, but the request for review shall be made within 180 days from the date of the decision on benefits, etc., and within 90 days from the date of the notification of such fact, and within 90 days from the date of receipt of an authentic copy of a written ruling in the case of going through an administrative appeal,

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