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1. To dismiss the instant lawsuit that has been changed in exchange at the trial;
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The reasoning of this court concerning this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited by the main text of Article 420 of the Civil Procedure Act.
2. Judgment on the Defendant’s defense prior to the merits
A. The Plaintiff’s assertion 1) The Plaintiff was in de facto marital relationship while the net B, who received the retirement pension, was in a de facto marital relationship with the National Intelligence Service.
B) Therefore, the Plaintiff is entitled to a survivor pension under the Public Officials Pension Act, and the Defendant is obligated to pay the Plaintiff a survivor pension of KRW 2,500,000 per month from the month following the month in which the Plaintiff died on May 7, 2007. The Plaintiff seek against the Defendant payment of the amount of KRW 50,000,000, which is part of the KRW 50,000,000 corresponding to the survivor pension for the past five years from the time of the instant lawsuit, and the amount of KRW 2,50,000,000, which is calculated from the date of the instant lawsuit to the date of the Plaintiff’s death. (ii) The Defendant’s notification of the Plaintiff’s application for succession to the survivors’ pension before the instant lawsuit was dismissed, and the Plaintiff did not have the right to receive the survivors’ pension in itself. Therefore, the instant lawsuit is unlawful.
B. Comprehensively taking account of the provisions of Articles 26(1) and (3), and 56(1) of the Public Officials Pension Act, the right to receive survivor pension, etc. under the Public Officials Pension Act does not directly arise under the provisions of the Act and subordinate statutes, but the Public Officials Pension Corporation entrusted by the Minister of Personnel Management upon application by a person who wishes to receive the above benefits, has specific rights by making a decision on
The meaning of the decision on the payment of benefits to be made by the Public Official Pension Management Corporation is not merely to confirm and determine the recipients of benefits, but also to confirm and determine the specific amount of benefits.
Therefore, we want to receive the benefits under the Public Officials Pension Act.