The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Details and details of the disposition

A. B (hereinafter “the deceased”) died on June 28, 2017 while serving as a public official in contractual service of the military finance management body of the Ministry of National Defense on April 1, 2014.

The plaintiff is a person who was in a de facto marital relationship with him at his death.

B. On November 29, 2017, the Plaintiff filed an application with the Defendant for the payment of bereaved family benefits, retirement allowances, and condolence money under the Public Officials Pension Act on the grounds of the deceased’s death.

C. On December 6, 2017, the Defendant rendered a disposition to the Plaintiff on the ground that “A de facto marital relationship between the Plaintiff and the Deceased cannot be paid for a lump sum for bereaved family and retirement allowances, and a spouse who was in a de facto marital relationship cannot be paid condolence money as he/she does not fall under the subject of condolence money.”

The plaintiff filed a petition for review seeking revocation of the above disposition with the Public Official Pension Benefit Review Committee.

On February 8, 2018, the Public Official Pension Benefit Review Committee accepted part of the Plaintiff’s claim on the ground that “The Plaintiff constitutes a person in a de facto marital relationship with the deceased at the time of the deceased’s death, and thus, constitutes a bereaved family member’s benefits (right to a bereaved family), a retirement allowance site payment disposition ought to be revoked. However, de facto marital spouse is not subject to death condolence money, and thus, is justifiable, the bereaved family’s benefits, a retirement allowance site payment disposition is revoked, and the claim for cancellation of the disposition of the death condolence money was dismissed.

(hereinafter referred to as “instant disposition” only for the part on the site level of death condolence money among dispositions on December 6, 2017). [Grounds for recognition] The fact that no dispute exists, entry of evidence Nos. 1 and 4, and the purport of all pleadings

2. Whether the instant disposition is lawful

A. Article 3(1)3 of the Public Officials Pension Act provides that a person whose spouse has been in a de facto marital relationship among bereaved family members under the Public Officials Pension Act.