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(영문) 서울행정법원 2015.06.05 2014구합75155
유족연금승계불승인결정취소
Text

1. On November 12, 2014, the Defendant’s non-approval decision on the succession to a survivor pension rendered against the Plaintiff shall be revoked.

2. The costs of lawsuit shall be.

Reasons

1. Details of the disposition;

A. The deceased B (hereinafter “the deceased”) was appointed as a teacher on March 21, 1967 and served as an assistant principal at C elementary school on August 31, 2005 and died on April 13, 2013 from among those retired and received a retirement pension from the Defendant.

B. From July 27, 1976, the Plaintiff divorced from the deceased on November 28, 1994. On November 4, 2014, the Plaintiff filed an application for succession to a survivor pension with the Defendant on the ground that the deceased was in a de facto marital relationship with the deceased at the time of the death of the deceased, but on November 12, 2014, the Defendant rendered a decision not to approve succession to the survivor pension against the Plaintiff on November 12, 2014 on the ground that the Plaintiff cannot be deemed as a bereaved family member under Article 3 of the Public Officials Pension Act (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 7, 14, Eul evidence 1, the purport of the whole pleadings

2. The Plaintiff’s assertion was in the legal status of the deceased’s spouse from July 27, 1976 to November 27, 1994, and was divorced from the deceased on November 28, 1994, and had maintained a de facto marital relationship from around 2006 to April 13, 2013 when the deceased died.

Therefore, the plaintiff is deemed to have the entitlement to a survivor pension as a spouse who is one of the bereaved family members under Article 3 of the Public Officials Pension Act, and the defendant's disposition of this case should be revoked as unlawful

3. Attached statements to the relevant Acts and subordinate statutes;

4. Determination

A. Article 3(1)3(a) of the Public Officials Pension Act provides that with respect to “spouse as a bereaved family member who is eligible for a survivor’s pension,” a person who was supported by a present or former public official at the time of his/her death and who was in a marital relationship with him/her at the time of his/her re-employment shall be deemed to include a spouse who

B. In this regard, the defendant is married to and retires from the 'the person who was in a marital relationship at the time of the re-employment' under the Public Officials Pension Act.

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