1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning of the court of first instance’s acceptance of the judgment is as stated in the reasoning of the judgment of the first instance, except for cases where a part of the judgment is dismissed or added as follows. Thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure

[Supplementary or supplementary parts] Nos. 4, 6, and 10 of the judgment of the court of first instance shall be followed as follows.

“2) In full view of the legal nature of the right to receive a divided pension under the former Public Officials Pension Act and all the circumstances such as the relationship between the division of property under the Civil Act and the divorce, and the legislative intent of the above provision, in a case where the person who requested the divided pension and the former spouse who was a public official repeatedly divorced after the implementation of the divided pension at least twice, barring any special circumstance that the division of property has been made by taking into account the contribution to the formation of the retirement pension before the implementation of the divided pension system while the divorce was made before the implementation of the divided pension system, it is reasonable to view that the marriage period before the implementation of the divided pension system should be aggregated with the marriage period after the implementation of the divided pension system.

(see Supreme Court Decision 2019Du44606, Apr. 29, 2020). Therefore, the instant disposition on a different premise is unlawful, and the Plaintiff’s assertion is with merit.

The following is added between the sixth and third parties of the first instance judgment. “In the past, the Supreme Court did not recognize the division of property on the right to receive pension in the division of property according to divorce under the Civil Act, but the right to receive a public official’s retirement pension that has not been determined by the en banc Decision is included in the division of property, and the actual retirement benefits have not been received since one spouse is still in office at the time of divorce.