The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. Article 46-3(1) of the Public Officials Pension Act (wholly amended by Act No. 13387, Jun. 22, 2015; hereinafter “the amended Act”) provides that “If a person whose spouse has served as a public official for at least five years has divorced from his/her spouse during the period of marriage (Article 2(2)1), a person who has served as his/her spouse as a retirement pension (Article 2(2)1 of the Addenda to the amended Act shall be eligible for a retirement pension (Article 2(2)1), and a person who has served as his/her spouse (Article 2(2)1 of the Addenda to the amended Act, 60 years of age from 2016 to 2021) meets all the requirements, he/she may receive a specified amount of pension (hereinafter “divided pension”) from the time he/she is alive by dividing the amount of his/her spouse’s retirement pension by an equal amount corresponding to the period of marriage among the amount of the retirement pension.”

In addition, Article 46-4 of the Civil Act provides that "Notwithstanding Article 46-3, the division of pension is determined separately pursuant to Article 839-2 or 843 of the Civil Act."

Meanwhile, the main sentence of Article 2(1) of the Addenda to the amended Act (hereinafter “the Addenda provision of this case”) stipulates, “The divided pension under the amended provisions of Articles 46-3 through 46-5 shall be paid from the person who first causes the payment after the enforcement of this Act.”

In full view of the divided pension system under the Public Officials Pension Act and the division of property under the Civil Act, the similarity between the purpose of legislation, and the organic relationship between the two systems, etc., it is reasonable to deem that “a person who first causes the payment after the enforcement of this Act” under the supplementary provision of this case refers to a person who was divorced after January 1, 2016, the enforcement date of the amended Act

Therefore, a person who had been divorced before January 1, 2016 shall meet the requirements of Article 46-3 (1) 2 or 3 of the amended Act.