The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details of the disposition

Plaintiff

(B) was married with C(D) on September 12, 1979 and divorced on November 22, 201.

C acquired the right to receive old-age pension in accordance with Article 61 of the National Pension Act on June 5, 2012.

On December 17, 2019, the Plaintiff was the spouse under Article 64(1) of the National Pension Act to the Defendant on December 17, 2019.

C claimed the payment of divided pension for the old-age pension.

C died on January 4, 2020.

On February 6, 2020, the Defendant terminated the right to receive old-age pension on January 4, 2020 before the Plaintiff’s spouse was paid the Plaintiff’s divided pension (on January 8, 2020), and thus, the Plaintiff does not constitute the recipient of the divided pension.

The grounds for the “instant disposition” are that the Plaintiff notified the relevant decision not to receive a divided pension (hereinafter “instant disposition”) [the grounds for recognition], without dispute, the Plaintiff’s assertion as to the legitimacy of the instant disposition, as to the overall purport of the arguments and arguments, Article 64(1) of the National Pension Act and Article 8 of the Addenda to the same Act (Law No. 8541, Jul. 23, 2007) constitutes a person entitled to a divided pension, and thus the instant disposition is unlawful.

Judgment

Article 64(1) of the National Pension Act (amended by Act No. 64(1) of the National Pension Act provides that if a person whose marriage period is at least five years meets all the requirements of “a person who has been married to his/her spouse (Article 64(1)1),” “a person who has been his/her spouse shall be a person entitled to receive old-age pension (Article 2),” and “a person who has reached 60 years of age (Article 3),” he/she may receive a certain amount of pension calculated by dividing his/her former spouse’s pension during his/her lifetime from

"........"

Meanwhile, Article 8 of the Addenda to the National Pension Act (Act No. 8541, July 23, 2007) provides that “The age to be paid for benefits under each subparagraph of Article 57-2(1) of the former National Pension Act (amended by Act No. 5623, Dec. 31, 1998) (Article 64(1) of the current National Pension Act) shall, notwithstanding the provision on the payment age, be one year for those who were born from 1953 to 1956 on the payment age.