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(영문) 서울행정법원 2017.06.29 2016구합7613
분할연금지급거부처분의 취소청구에 대한 재결처분 취소
Text

1. On August 1, 2016, the Defendant filed a request for reexamination on cancellation of the disposition rejecting the payment of pension in installments with the National Pension Service.

Reasons

1. Details of ruling;

A. The Plaintiff married on June 4, 1976 with B, but divorced on March 5, 2012.

B. From January 1, 1997 to December 31, 2009, the Plaintiff maintained the eligibility of workplace-based insured persons under the National Pension Act, and thereafter applied for early old age pension under Article 61(2) of the National Pension Act and acquired entitlement to early old age pension around February 27, 2012.

C. On February 5, 2016, B filed a claim for the payment of divided pension with the National Pension Service under Article 64 of the National Pension Act, but the National Pension Service rendered a disposition rejecting the payment of divided pension on the ground that B filed a claim for the payment of divided pension after three years from March 5, 2012, when B met the requirements for divided pension on the same day.

(hereinafter “instant refusal disposition”). B filed a request for review with the National Pension Service on March 16, 2016, but the National Pension Service dismissed it on April 25, 2016.

On August 1, 2016, B filed a request for a review with the National Pension Review Committee under the Defendant, and the said Committee filed a request for the payment of divided pension after the lapse of three years from the time when B met the requirements for divided pension. However, the Plaintiff filed a request for the divided pension with respect to B, but the Plaintiff received the divided pension since January 2016, the right to receive old age pension occurred when the Plaintiff becomes 60 years old, ② the right to receive old age pension occurs when the former spouse did not request the divided pension even if the former spouse did not request the payment of old age pension, ③ the Plaintiff was unable to know the receipt of the early old age pension, and the instant refusal disposition was revoked.

(hereinafter “instant adjudication”). [The grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1 through 3, and the purport of the whole pleadings.

2. Whether the ruling of this case is lawful

A. The Plaintiff’s assertion B is the National Pension Service only after the lapse of three years from March 5, 2012, which was the date on which the cause for the payment of divided pension occurred.

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