1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

1. Details of the disposition;

A. On January 11, 2012, the beneficiary B of the retirement pension under the Public Officials Pension Act died, and on March 29, 2017, the Plaintiff, who was the deceased B (hereinafter “the deceased”), filed an application for a survivor pension under Article 56(1)1 of the Public Officials Pension Act (hereinafter “instant application”).

B. On April 7, 2017, the Defendant rendered a non-provisional disposition on the ground that “the instant application was filed after the lapse of the five-year extinctive prescription under Article 81(1) of the Public Officials Pension Act” to the Plaintiff (hereinafter “instant disposition”).

C. The Plaintiff appealed and filed a request for review on the instant disposition with the Public Official Pension Benefit Review Committee, but the said Review Committee dismissed the Plaintiff’s request for review on June 15, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Eul evidence 1 and 2, the purport of the whole pleadings

2. The defendant asserts that the plaintiff's claim for a declaration of provisional execution, which seeks a declaration of provisional execution, is unlawful, even though it is impossible to render a declaration of provisional execution in an appeal litigation.

In relation to the instant conjunctive claim, the Defendant asserted in the written reply that “The instant conjunctive claim is inappropriate on the ground that there is no serious defect in the disposition of the instant case.” However, this is the assertion as to the illegality of the disposition of the instant case, and thus, the Defendant appears to have asserted on the merits rather than the defense prior to the merits. In fact, the Defendant submitted the written reference as of March 20, 2018 to the effect that “the defense prior to the instant conjunctive claim is withdrawn.”

On the other hand, the plaintiff seems to seek a declaration of provisional execution in accordance with Article 8(2) of the Administrative Litigation Act and Article 213 of the Civil Procedure Act, and provisional execution declaration is an incidental judgment for the final judgment, which is in the full bench.