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(영문) 서울행정법원 2016.11.10 2016구합64371
유족연금부지급처분취소
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. B reported a marriage with C on February 28, 1980, but reported a divorce on March 16, 200, and reported a marriage again with the Plaintiff on March 22, 200.

On the other hand, B, while serving as a public official, retired on August 31, 1995, and died on August 28, 201 among those who received retirement pension under the Public Officials Pension Act from September 1995.

(hereinafter referred to as “the deceased”) B. B.

On April 4, 2016, the Plaintiff requested the Defendant to succeed the retirement pension received by the Deceased to the survivor pension.

On May 3, 2016, the Defendant notified the Plaintiff on May 3, 2016 that “In order for a spouse entitled to a survivors’ pension to be a public official, the beneficiary of the retirement pension should have been legally or factually married at the time of his/her being employed as a public official. The Plaintiff was not in a legal marital relationship with the Deceased at the time of his/her being employed as a public official, and it is difficult to deem that he/she had a de facto marital relationship with the Deceased

(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 2, 4, Eul evidence No. 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion has maintained a marital community life as the deceased and their married couple since 1980 and a de facto marital relationship as a married couple. Between the deceased and her married couple in 1980 and her E in 1982.

From March 4, 1989, the Plaintiff and the Deceased were residing in the same address (F in thecheon City). In particular, at the time of August 31, 1995, the Plaintiff was registered as a “person living together with the deceased” in the same address as that of the Deceased on August 31, 1995.

In addition, as the spouse of the deceased, the Plaintiff participated in various events of the deceased's work and the production of the deceased, and was traveling with the deceased from time to time.

If so, the plaintiff is de facto, during the period of his service as a public official.

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